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December 02, 2019

To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company

September 23, 2019

Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.

July 24, 2019

Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.

May 14, 2019

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

August 29, 2018

By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.

August 27, 2018

Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.

July 09, 2018

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

May 24, 2018

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

April 30, 2018

Eighth Circuit insulates parishes and church schools from substantive consolidation.

January 25, 2018

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.