Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test
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
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
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
Highlights of the latest equipment leasing news.
Features
Economic Outlook Report
The Equipment Leasing & Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing & 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
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
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
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.
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
- 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 ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Professional Development: How to Be An Ally In the Legal ProfessionLast year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›