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On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

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

Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test Image

Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test

Michael L. Cook & Karen S. Park

The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.

Bond ' Supersedeas Bond Image

Bond ' Supersedeas Bond

Steven B. Smith & William D. Currie

The Delaware Bankruptcy Court, in <i>In re Tribune Company, et al.</i>, recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion <i>supersedeas</i> bond.

Unfinished Business Claims Image

Unfinished Business Claims

Robert W. Dremluk & Ryan Pinkston

Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news.

Features

Economic Outlook Report Image

Economic Outlook Report

ALM Staff & Law Journal Newsletters

The Equipment Leasing &amp; Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing &amp; Finance U.S. Economic Outlook, which projects growth in equipment and software investment for 2012 at 6.7%, down from the 2011 growth rate of 11%.

Counterintuitive Strategies for Success in Mediation Image

Counterintuitive Strategies for Success in Mediation

Richard Shore

Set forth in this article are four strategies that run counter to much conventional wisdom in the dispute resolution world. They may not be traditional, but properly employed, they work.

Features

Recent Developments in Enforcement of Forum Selection Clauses Image

Recent Developments in Enforcement of Forum Selection Clauses

Patrick M. Northen

This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.

Features

To Participate or Not to Participate: A Secured Party's Question Image

To Participate or Not to Participate: A Secured Party's Question

Alan M. Christenfeld & Barbara M. Goodstein

This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.

Client Audits Image

Client Audits

Bruce D. Heintz & Gary R. Garrett

Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.

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