• Features

    Overview of Limitations on Employee Compensation in Bankruptcy

    Carl E. Black and Jonathan Noble Edel

    Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to “insiders,” a term that is broadly defined in the Bankruptcy Code.

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  • Features

    Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay

    Michael L. Cook

    “[A] secured creditor [has no] affirmative obligation under the automatic stay to return a debtor’s [repossessed] collateral to the bankruptcy estate immediately upon notice of the debtor’s bankruptcy,” the U.S. Court of Appeals for the Third Circuit held on Oct. 28, 2019 in In re Denby-Peterson.

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  • Features

    Sympathy for the Debtor? Not When It Comes to Student Loans

    Rudolph J. Di Massa Jr. and Jarret P. Hitchings

    The assumption that bankruptcy can’t relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.

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