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Nuts and Bolts of the Structured Dismissal of a Chapter 11 Case

May 2020
305, 349, 1112
Administrative Expense Claims, Asset Sales, Claims, Bankruptcy Litigation, Creditors' Committee, Business Reorganization

Fixing Our Infrastructure May Require Fixing the Bankruptcy Code: Preference Actions Threaten Municipal Contractors

Sept 2016
101, 547, 901, Chapter 9, municipalities and state governments
Bankruptcy Litigation, Legislation, Practice and Procedure, Preferences, Detroit, Municipal Bankruptcy, Unsecured Trade Creditors

How to Represent the Client that Wants Its Contract Rejected

Aug 2014
105, 363, 365 2014, 9014, 9019, 6004, 6006
Administrative Expense Claims, Asset Sales, Executory Contracts/Leases, Plan Confirmation, Practice and Procedure, Real Estate, Retail, Uniform Commercial Code/Article 9, Unsecured Trade Creditors

A Special Case for Logoed Packaging

Sep 2013
503 2013
Administrative Expense Claims, Unsecured Trade Creditors

When a Contract Is Rejected Does Its Noncompetition Clause Survive

Sep 2012
101, 365 2012
Executory Contracts/Leases

Are 1129(a)(1) and (3) Dead Erosion of Contract Counterpartys Rights in Chapter 11

Sep 2011
365, 1129 2011, 9011, 9014
Executory Contracts/Leases, Plan Confirmation, Practice and Procedure

Beware the Executory Contract Bait and Switch

Sep 2010
2010
Executory Contracts/Leases, Practice and Procedure

Seller Beware The Contemporaneous Exchange Preference Defense Is Broken

Sep 2009
547 2009
Preferences, Uniform Commercial Code/Article 9

Sixth Circuits Phar-Mor Decision Breathes New Life into Reclamation Remedy

Sep 2008
503, 546 2008
Unsecured Trade Creditors

Watch Out for the Putative In-Kind Exemption

May 2008
522 2008
Consumer Bankruptcy