When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
November 24, 2009
Usually, when the employee spouse has interests in multiple plans, the divorce settlement will also contain a waiver or release by the non-employee spouse of his or her interests in other plans. But even if effective under state law, that does not, by itself, protect the employee's interests and those of the employee's successors.
Are Bankruptcy Practitioners Prepared for e-Discovery?
November 23, 2009
Last month, the authors stressed the dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant electronically stored information (ESI). They discussed several cases in point. Part Two herein continues the discussion.
Trade-in Value and Automobile Loans After Bankruptcy Reform
November 23, 2009
Last month, we discussed that when, in 2005, Congress enacted PL 109-8, significant changes were in store for the automobile finance industry. Four years after the enactment of PL 109-8, there is as yet little literature on the real-world financial consequences of the 910 provision. The conclusion herein continues the discussion.
Leverage and Lenders of Last Resort
November 23, 2009
Prior to the current global recession, companies filing for Chapter 11 bankruptcy protection were able to secure financing with relative ease. In recent years, a competitive market for DIP lending had developed among investment banks, private equity firms, hedge funds and traditional lenders such as GE Capital.
Trade-in Value and Auto Loans After Bankruptcy Reform
October 26, 2009
An in-depth discussion of the 910-day provision and the hot debate surrounding it, this article is intended to provide a complete and exhaustive review of the legislative record to assist market actors and courts.
Are You Prepared for e-Discovery?
October 26, 2009
Bankruptcy courts, practitioners, trustees and examiners are facing a new reality with which many federal court litigants and their counsel are already painfully familiar: The dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant ESI electronically stored information (ESI).
Heightened Pleading Standards Apply to Avoidance Complaints
October 26, 2009
Parties to preference and fraudulent transfer actions should pay careful attention to the decision in <i>In re Caremerica, Inc.</i>, where the judge dismissed certain avoidance claims and upheld others asserted by a Chapter 7 trustee. <i>Caremerica</i> provides useful guidance on whether particular elements of a preference or fraudulent transfer claim have been adequately pled.
