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  • 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.

    May 01, 2018Jacob H. Marshall and Randall Klein
  • Part One of a Two-Part Article

    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.

    May 01, 2018Jared Coseglia
  • 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.

    May 01, 2018Barry M. Klayman and Mark E. Felger
  • 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.

    May 01, 2018Adam H. Friedman, Jonathan T. Koevary and Lauren B. Irby
  • 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.

    May 01, 2018Tom Hawkins
  • Rule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character

    May 01, 2018Stan Soocher
  • Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million

    May 01, 2018Dennis Mahoney
  • Guarantor May Not Interpose Wrongful Eviction Defense
    Landlord Bound by Renewal Lease Signed After Judgment of Possession
    Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge
    Incarcerated Son Not Entitled to Succession Rights
    Occupant Did Not Establish Succession Rights
    Court Dismisses Tortious Interference Claim By Holder of First Refusal Right

    May 01, 2018ssalkin