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Features

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors Image

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors

Jacob H. Marshall & Randall Klein

As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.

Features

The Power of Certifications In the Legal Industry Image

The Power of Certifications In the Legal Industry

Jared Coseglia

<b><i>Part One of a Two-Part Article</b></i><p>The key paths and the corresponding certifications available for lawyers — and nonlawyers — to pursue to help successfully administer a career in the legal industry in the coming decade.

Features

Key Tech Terms to Know: Archives, Backups, Disaster Recovery and “as-a-Service” Image

Key Tech Terms to Know: Archives, Backups, Disaster Recovery and “as-a-Service”

Jeff Ton

A few essential definitions, intended to provide clarity and guidance to firms that are exploring how to improve their data compliance, protection and recovery posture.

Features

Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease Image

Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease

Barry M. Klayman & Mark E. Felger

In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.

Features

Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization Image

Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization

Adam H. Friedman, Jonathan T. Koevary & Lauren B. Irby

In a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.

Features

<i>Commentary:</i> America's Modern 'Throwaway': 401(K) Retirement Savings Image

<i>Commentary:</i> America's Modern 'Throwaway': 401(K) Retirement Savings

Tom Hawkins

While 401(k) cashout leakage may not stink in our streets, its economic effects are deplorable. Each year, this slow-motion train wreck robs millions of Americans of their retirement security and converts their retirement savings into wasted consumption and avoidable tax penalties.

Features

'Professional Development:' Owning Your Business: Using Financial Metrics to Drive Business Development Image

'Professional Development:' Owning Your Business: Using Financial Metrics to Drive Business Development

Joe Maguire & Anne Marcotty

Growing the top line requires a systematic approach that maximizes your available time and focuses you on the best opportunities.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Rule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character<br>

Columns & Departments

In the Courts Image

In the Courts

Dennis Mahoney

Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Guarantor May Not Interpose Wrongful Eviction Defense<br>Landlord Bound by Renewal Lease Signed After Judgment of Possession<br>Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge<br>Incarcerated Son Not Entitled to Succession Rights<br>Occupant Did Not Establish Succession Rights<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal Right

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