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Bankruptcy Litigation

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

2nd Circuit
New York
New York Eastern District
Monday, May 2, 2016
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Fraud
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit
Thursday, April 28, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Labor/Employment
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Wednesday, April 27, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

2nd Circuit
New York
New York Southern District
Monday, April 25, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit
Delaware
Friday, April 22, 2016
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

6th Circuit
Michigan
Michigan Eastern District
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