Bankruptcy Litigation

ABCs of State Preference Defense: One of These Things Is Not Like the Other

Following decisions in 2021 from both the Delaware District Court and the Southern District of New York rejecting the Ninth Circuit’s controversial Sherwood Partners decision, [1] it appears that rumors of ABC state preference actions’ deaths have been greatly exaggerated. [2] State preference actions are indeed alive and well.

In re Murray Energy Holdings Co.: BAP Hands Down Critical Practice Pointer on Defective Notices of Appeal

According to most courts, the failure to file a timely notice of appeal under Bankruptcy Rule [1] 8002 deprives the appellate court of subject-matter jurisdiction. [2] And even those courts holding that the deadline is not jurisdictional still hold that the deadline is mandatory. [3]

SDNY Bankruptcy Court Holds Attorney/Client Retainer Is Sufficient to Establish Chapter 11 Eligibility

On Feb. 1, 2022, Hon. David S. Jones of the U.S. Bankruptcy Court for the Southern District of New York denied a motion to dismiss the chapter 11 cases of JPA No. 111 Co. Ltd. and JPA No. 49 Co. Ltd. (together, the “debtors”), each a Japanese single-purpose entity — finding that the debtors’ reversionary interest in unused retainer funds held by the debtors’ chapter 11 counsel established sufficient “ties” to the U.S. for purposes of chapter 11 eligibility under § 109 of the Bankruptcy Code [1].

Bankruptcy Litigation March 2021

https://abi-org.s3.amazonaws.com/Committees/Newsletters/ConsumerBankrup…

https://connect.abi.org/webmail/107412/734042570/0559c3a0f45ca40da3ece0…

Best Practices for Remote Depositions

One of the many ways the COVID-19 pandemic has upended litigation is by making in-person depositions, for the time being, practically impossible. But cases must still go forward, so courts and parties have increasingly turned to remote deposition technology to keep litigation moving. To effectively represent their clients, counsel must ensure that the depositions they take and defend remotely are just as effective as in-person depositions for their eventual use in motion practice, hearings or trials. This article briefly describes some best practices that can help you meet that goal.

Litigating the Nonpayment of Rent Due to the Coronavirus

As state and local governments begin to reinstate or expand restrictions on the operation of retail establishments and restaurants to curb the spread of the novel coronavirus, operators of such establishments and their lessors must again focus on who must shoulder the economic impact of that burden.

Bankruptcy Litigation

ABCs of State Preference Defense: One of These Things Is Not Like the Other

In re Murray Energy Holdings Co.: BAP Hands Down Critical Practice Pointer on Defective Notices of Appeal

SDNY Bankruptcy Court Holds Attorney/Client Retainer Is Sufficient to Establish Chapter 11 Eligibility

Bankruptcy Litigation March 2021

Best Practices for Remote Depositions

Litigating the Nonpayment of Rent Due to the Coronavirus

Bankruptcy Litigation Year in Review 2021

Bankruptcy Litigation September 2020

Bankruptcy Litigation Committee - Call with the Authors - May 29, 2020 at 10:00 a.m. (EDT)

Bankruptcy Litigation April 2020