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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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Frenville Leaves Its Footprints Behind as Third Circuit Refuses to Discharge Latent Claims

“The shadow of Frenville fades, but more slowly than we would like.” So concludes Justice Ambro, authoring the Third Circuit’s first decision to address the dischargeability of latent claims since the Third Circuit overturned its controversial

Many Consumers Wait for Tax Refund to File Bankruptcy

New research conducted by economists at the University of Chicago, Columbia University and Washington University in St. Louis reveal many consumers wait to file bankruptcy until they receive their tax refund check. The study also showed the total

More Insights from Mid-Season Proxy Reviews

We're at that stage during proxy season when observers analyze and come to preliminary views of the results so far, as we did ourselves in this memo. With more annual meetings having taken place, many focus on the voting tallies for shareholder

More Insights from Mid-Season Proxy Reviews

We're at that stage during proxy season when observers analyze and come to preliminary views of the results so far, as we did ourselves in this memo. With more annual meetings having taken place, many focus on the voting tallies for shareholder

The Daily Docket: Court Affirms Credit Bidding

The U.S. Supreme Court affirmed Tuesday the right of lenders to use their debt as currency in bankruptcy auctions in a unanimous decision sure to reverberate through the corporate restructuring community. Read the Daily Bankruptcy Review article here

How To Avoid Being Thrown Under The Bankruptcy Bus

Bankruptcy lawyers find themselves thrown under the proverbial bus time and again. Clients contradict themselves, trustees speak poorly of us during hearings, and even judges from time to time have been known to call us on the carpet for perceived

Motion to Retain Insurance Proceeds

A Chapter 13 Bankruptcy generally lasts for a period of five years. As we all know a lot can change in a five year period. Over the course of five years debtors may marry, have children, need to purchase a vehicle, or even suffer damage to a home or

High Court: Debtor May Not Sell Property Free Of Lien; Must Allow Credit-Bidding

WASHINGTON, D.C. - The U.S.Supreme Court today affirmed that a debtor company may not obtain confirmation of a nonconsensual Chapter 11 plan that permits the debtor to sell collateral free and clear of a creditor bank's lien without permitting the

Motion to Retain Insurance Proceeds

A Chapter 13 Bankruptcy generally lasts for a period of five years.  As we all know a lot can change in a five year period.  Over the course of five years debtors may marry, have children, need to purchase a vehicle, or even suffer damage to a

Bankruptcy Lawyer Miami - Practice Limited to Bankruptcy

Bankruptcy Lawyer Miami - Practice Limited to BankruptcyJordan E. Bublick Attorney at Law is a Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification) with offices located at 11645 Biscayne Blvd., Miami, Florida and

Dewey & LeBoeuf: How about a happier ending?

I attended today the first day hearing in Dewey & LeBoeuf's chapter 11 cases. Sad to hear what the clean-up crew has in mind . . .Clients of the firm will be sued in the name of collecting on accounts receivable. Partners of the firm will be sued for

What You Might Be Asked At A Creditors Meeting

The thought of being questioned under oath at a creditors meeting can be daunting. The good news is that most people get far more nervous than they should. To familiarize yourself with the creditors meeting process, you can always go to the court

Bankruptcy Immigrants

Fascinating story in the Guardian about Irish debtors temporarily moving to the UK in order to gain access to more favorable bankruptcy law. I guess the Brit's have a more lenient version of 522(b)(3) or a looser good faith filing doctrine/plan

Supreme Court Confirms that Credit Bidding is Alive and Well

Today, the Supreme Court of the United States issued its much awaited decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. ______ (2012). The noteworthy decision resolves any uncertainty surrounding a secured creditor’s right to credit

Today in Bankruptcy – 5-29-2012

Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for May 29, 2012. Dewey & LeBoeuf, Los Angeles Dodgers Restructuring Firm, Files Own Bankruptcy as Partners Flee, Debts Surge! High Court Rules in

When is an Appeal Equitably Moot?

Introduction On May 12, 2012, the United States District Court for the District of Delaware (the “ District Court”) issued an opinion (the “ Decision”) in the SemCrude bankruptcy in response to the SemCrude reorganized debtors’ (“ Debtors”) motion to

Regulators Should Zero In on Strong, Clear Capital Requirements

If capital had been required in historical norms of relation to risk the systemic financial crisis would not have occurred.

HMS RadLAX

I've posted my thoughts on RadLAX over at Dealbook (along with another column on Dewey if you'd like to check that out too). In short, I noticed Justice Scalia's fascination with cannons too.

Dewey & LeBoeuf Files For Chapter 11 Bankruptcy

NEW YORK - (Mealey's) The law firm of Dewey & LeBoeuf filed for Chapter 11 bankruptcy on May 28 in New York, listing between $100 million and $500 million in liabilities ( In re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.). ( Petition

06/22: International Insolvency Institute

Jean-Dominique Daudier de Cassini, Harvey Miller and Lori Fife will be presenting at the International Insolvency Institute’s 12th Annual Conference June 21-22, 2012 Supreme Court of France Paris, France International ADR 2.0: Big Solutions for Big