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Limitations on Business Judgment? The Intersections of §§ 363(b), 365 and 503(b) for Paying Creditors’ Professional Fees

March 2021
11 U.S.C. § 363, 11 U.S.C. § 365, 503
Executory Contracts/Leases, Professional Compensation/Fees, Business Reorganization

Addressing Treatment of Equity Under Foreign Law and the Code

April 2021
1123, 1129
Plan Confirmation, International Insolvency

The Indian Viewpoint on Mediation

April 2021
Alternative Dispute Resolution, Bankruptcy Litigation, Legislation, Practice and Procedure, Covid19

Rejection of FERC-Regulated Agreements: Is In re Ultra Petroleum the Last Word?

Feb 2021
11 U.S.C. § 365
Automatic Stay, Bankruptcy Litigation, Practice and Procedure, Venue/Jurisdiction

Motions to Dismiss with Prejudice and the Effect in Chapter 13 Cases

Dec 2020
109, 11 U.S.C. § 105, 349, 1307
Practice and Procedure, Consumer Bankruptcy

Third Circuit’s Warning Shot to Senior Creditors in In re Tribune

Dec 2020
510, 1129
Claims, Bankruptcy Litigation, Plan Confirmation, Business Reorganization, Finance and Banking, Investment Banking

The Next Chapter for Brick-and-Mortar Retail

Sept 2020
1129
Plan Confirmation, Real Estate

Third Circuit Revisits Stern: Bankruptcy Courts May Grant Nonconsensual Releases

June 2020
11 U.S.C. § 105, 524, 1123, 1124, 1129
Claims, Bankruptcy Litigation, Plan Confirmation, Practice and Procedure, Venue/Jurisdiction, Business Reorganization, Finance and Banking, Investment Banking

The Good-Faith Defense to Fraudulent-Transfer Claims

May 2020
548(a)(1)(A), 550(a), 550(a)(2), 548, 550
Bankruptcy Litigation, Fraud, Fraudulent Transfers, Finance and Banking, SEC Issues

A Committee of None: Section 1114 Relief When No Retirees Will Serve

April 2020
1114
Bankruptcy Litigation