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The Bankruptcy Strategist

Features

Down the Rabbit Hole: Bankruptcy Practice In Uncertain Times Image

Down the Rabbit Hole: Bankruptcy Practice In Uncertain Times

Scott Williams

The world — and particularly the U.S. economy — is navigating unprecedented and turbulent times. For bankruptcy professionals, it may feel as though we’ve fallen down Alice’s rabbit hole, where the rules we've long understood and accepted no longer apply. In this new reality, uncertainty defines both the global and American economic landscapes.

Features

Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order Image

Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order

Michael L. Cook

The Third Circuit, in a complicated five-year old case, avoided the merits of two groups of appeals from an order confirming the debtor’s reorganization “Plan.” In In re Boy Scouts of America (BSA), the majority used statutory mootness, while a concurring judge would have used equitable mootness to dodge the issue of nonconsensual third-party releases in the Plan and Confirmation Order.

Features

DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable Image

DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable

Lawrence J. Kotler & Drew S. McGehrin

A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.

Features

Managing Consumer Data In Bankruptcy Proceedings Image

Managing Consumer Data In Bankruptcy Proceedings

Benjamin Joyner

Consumer genetics company 23andMe’s bankruptcy in late March set off a scramble among consumers to delete their personal information held by the company, driven by fears of how an acquiring party might attempt to use or monetize their data.

Features

Third Circuit Reinstates Sanctions Against Law Firm for Failing to Fully Disclose Its Fees In A Chapter 7 Bankruptcy Image

Third Circuit Reinstates Sanctions Against Law Firm for Failing to Fully Disclose Its Fees In A Chapter 7 Bankruptcy

Charles Toutant

The U.S. Court of Appeals for the Third Circuit has reinstated sanctions against Spector Gadon Rosen & Vinci for failing to fully disclose its fees in a Chapter 7 bankruptcy.

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