Business Reorganization

Circuit Split Widens Sovereign Immunity for Section 544(b) Claims

The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.

Court :

4th Circuit

Tuesday, March 22, 2022

Article Tags

Business Reorganization

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LTL Management: “Not a Case of Too Big to Fail … a Case of Too Much Value to Be Wasted”

Bankruptcy Code

Topic Tags

Business Reorganization

Mass Torts

Monday, March 21, 2022

Article Tags

Business Reorganization

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Monday, March 21, 2022

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Legislation

Business Reorganization

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Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

Court :

5th Circuit

Mediation Privilege and Confidentiality: New Local Rules and the Need for National Guidance

May 2022

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Business Reorganization

Friday, March 18, 2022

Article Tags

Business Reorganization

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Friday, March 18, 2022

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Fraud

Business Reorganization

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Friday, March 18, 2022

Article Tags

Business Reorganization

International Insolvency

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