Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More › Features
The Barton Doctrine: Suit Against Receiver Did Not Require Court Permission
Daniel A. Lowenthal
The Fifth Circuit recently addressed a new fact pattern and issue concerning the Barton doctrine: whether a receiver appointed in a state court action could be sued in a subsequent bankruptcy case of the debtor absent court permission.
Features
District Court Affirms Bankruptcy Court Conversion of Subchapter V Case to Chapter 7
Lawrence J. Kotler
&
Ryan Spengler
The U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case. In particular, the district court found that the bankruptcy court’s decision to convert was not an abuse of discretion, especially in light of the serious conflicts of interest that existed between the debtor and the potential target of significant fraudulent transfer claims held by the debtor’s estate.
Features
Chapter 11 Not Safe Harbor for Debtor to Delay Creditors, Bankruptcy Court Rules
Robert Charbonneau
A ruling by a federal bankruptcy judge in New York denying attorney’s fees to a debtor’s counsel sends a startling reminder to attorneys and clients alike. The Chapter 11 process is not intended to be a safe harbor for a debtor solely to delay creditors or circumvent other legal proceedings.
Features
Court Allows Nonconsensual Releases of Third-Party Claims to Be Included In Settlement Agreement
Andrew C. Kassner
&
Joseph N. Argentina Jr.
The bankruptcy bar and courts are attempting to determine the breadth and depth of the Purdue ruling both as to what constitutes consent under a plan of reorganization and whether Purdue applies to other bankruptcy proceedings, including a sale of assets under section 363 of the Bankruptcy Code, free and clear of claims, and approval of settlements. The U.S. Bankruptcy Court for the Eastern District of Virginia recently faced these issues.
Features
Bankruptcy Experts Debate Intersection of Mass Torts and Bankruptcy
Ross Todd
Perhaps the debate over whether multidistrict litigation or bankruptcy is a better vehicle to resolve mass torts need not be binary. Bankruptcy experts recently discussed the increasingly busy intersection of mass torts and bankruptcy as part of a discussion sponsored by the UC Berkeley School of Law ’s Civil Justice Research Initiative.
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MOST POPULAR STORIES
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