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Benchnotes February 2018

Journal Issue Feb 2018

Bankruptcy Code 106, 11 U.S.C. § 363(m), 11 U.S.C. § 365, 11 U.S.C. § 544, 11 U.S.C. § 548, 328, 364, 503, 707, 1109

Topic Tags Administrative Expense Claims, Asset Sales, Automatic Stay, Claims, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Fraud, Fraudulent Transfers, Plan Confirmation, Practice and Procedure, Professional Compensation/Fees, Consumer Bankruptcy, Discharge/Dischargeability, Business Reorganization, First-day Motions, Real Estate, Unsecured Trade Creditors

Life After Jevic: An End to Priority-Skipping Distributions?

Journal Issue Sept 2017

Bankruptcy Code 349, 1112

Topic Tags Administrative Expense Claims, Asset Sales, Plan Confirmation, Practice and Procedure, Business Reorganization, First-day Motions

Treatment of a Pre-Petition Foreclosure of Accounts Receivable

Journal Issue July 2017

Bankruptcy Code the Debtor and the Estate›Subchapter III - The Estate›541

Topic Tags Claims, Bankruptcy Litigation, Practice and Procedure, Finance and Banking, First-day Motions, Uniform Commercial Code/Article 9

Don’t Hate Me for Being Critical: Critical Thoughts about Critical Vendors

Journal Issue Sept 2016

Bankruptcy Code 105, 11 U.S.C. § 363

Topic Tags Claims, First-day Motions

Codification of Oil and Gas Lien Claimants’ Preference Defense?

Journal Issue Sept 2016

Bankruptcy Code 545, 547

Topic Tags Administrative Expense Claims, Asset Sales, Automatic Stay, Claims, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Financial Advisors, Legislation, Practice and Procedure, Preferences, Business Reorganization, Finance and Banking, First-day Motions, Investment Banking, Public Companies and Claims Trading, Real Estate, Small Business, Turnaround Issues, Uniform Commercial Code/Article 9, Unsecured Trade Creditors

Dueling Bankruptcies Prove that Rejection Beats Assumption

Journal Issue Sept 2016

Bankruptcy Code 11 U.S.C. § 365

Topic Tags Bankruptcy Litigation, Executory Contracts/Leases, Practice and Procedure, Business Reorganization, First-day Motions

Rethinking § 363 Sales: ABI Commission Steps Back from Brink

Journal Issue July 2015

Bankruptcy Code 11 U.S.C. § 363, 11 U.S.C. § 363(f)

Topic Tags Asset Sales, Business Reorganization, First-day Motions, Govt. Claims/Sovereign Immunity

Court’s Broad Power to Approve Appointment of Estate Professionals

Journal Issue Mar 2015

Bankruptcy Code 101, 327, 330, 1107

Topic Tags Practice and Procedure, First-day Motions

Can the Same Counsel Represent Both a Chapter 11 DIP and the Debtors Sole Equity Owner

Journal Issue Feb 2015

Bankruptcy Code 101, 327, 328 2014, 2015

Topic Tags Ethics, Practice and Procedure, Professional Compensation/Fees, First-day Motions, Small Business

Executory Contract Counterparty Trumps Critical-Vendor Status

Journal Issue Dec 2014

Bankruptcy Code 365, 503, 547 550, 2014, 7001

Topic Tags Administrative Expense Claims, Creditors' Committee, Executory Contracts/Leases, Financial Advisors, Practice and Procedure, Preferences, First-day Motions, Unsecured Trade Creditors