Features

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors
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
<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”
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
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
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
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
Growing the top line requires a systematic approach that maximizes your available time and focuses you on the best opportunities.
Columns & Departments
Bit Parts
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
Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million
Columns & Departments
Landlord & Tenant
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
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Trying to Determine Rights in Pre-1972 Sound RecordingsAudio recordings of speech, musical instruments or any other sounds created before Feb. 15, 1972, are treated very differently from other recorded sounds under U.S. law. Each of the 50 states is free to apply its own rules to the protection of audio sound recordings made before Feb. 15, 1972, and may continue to do so for the next 54 years. As a consequence, the scope of protection for pre-1972 sound recordings is inconsistent from state to state, often vague and sometimes difficult to discern.Read More ›
- Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance CoverageLiability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy). What happens, however, when the policyholder denies that any injury or wrongdoing took place? Does that mean that insurance is not applicable?Read More ›