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August issue in PDF format Image

August issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Court Watch Image

Court Watch

Alexander G. Tuneski

Highlights of the latest franchising cases from around the country.

State Regulators Declare Registration Do's and Don'ts Image

State Regulators Declare Registration Do's and Don'ts

Kevin Adler

At the "Ask the Regulators" session at the IFA's 2010 Legal Symposium, representatives of three registration states offered suggestions about how to make the franchise state-registration process run more smoothly.

July issue in PDF format Image

July issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

District Court Recognizes Texas Legislation in Overturning Clark Contracting Decision Image

District Court Recognizes Texas Legislation in Overturning Clark Contracting Decision

Michael D. Jewesson

On April 14, 2010, the federal district court reviewing the <i>Clark Contracting</i> decision overturned the bankruptcy court and gave effect to the language in SB1592 that indicated that the legislation was a clarification of existing law rather than a change to the law.

Features

Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid Image

Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid

Sam J. Alberts & and David Lee Tayman

In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.

Pre-packaged Bankruptcies: A Faster Way to Emerge from a Bankruptcy Involving Leases? Image

Pre-packaged Bankruptcies: A Faster Way to Emerge from a Bankruptcy Involving Leases?

Michael P. Richman, Mark Salzberg & David G. Mayer

Traditional Chapter 11 reorganizations have proven to be costly and disruptive for corporate debtors. Section 363 sales have largely supplanted traditional Chapter 11 reorganizations because they are faster and more cost efficient. Though not a new concept, parties have recently opted to pursue "pre-packaged" bankruptcy filings or "pre-packs.

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