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Creditors' Committee

Bestwall Concurrence Believes in ‘Liberalization’ of Bankruptcy Powers

The concurring opinion in Bestwall could be read to suggest that Circuit Judge G. Steven Agee might have an open mind if a confirmed plan comes to the Fourth Circuit on appeal.

4th Circuit

Bestwall Dissenting Opinion Reads Like Dismissal of LTL Mgmt for a Bad Faith Filing

The Bestwall dissenter understands the Bankruptcy Clause as having the 18th century definition of ‘bankruptcy,’ thus requiring insolvency or inability to pay debts.

4th Circuit

Fourth Circuit Rules on Jurisdiction, not ‘Financial Distress’ for a Chapter 11 Debtor

Fourth Circuit majority and dissenting opinions might be read to suggest that Bestwall could have tough sledding on an appeal from confirmation since the debtor is solvent.

4th Circuit

Conversation with Judges About Today’s Hottest Topics

Bankruptcy Code
Sect. 1123(a)(4)
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502
506
524
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1123
1506
1507
1521
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The Illusion of Advocacy: Creditor Committees and Divergent Interests in Complex Chapter 11 Cases

July 2025

Bankruptcy Code
1102
1103
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Legislation
Plan Confirmation
Business Reorganization
International Insolvency
Public Companies and Claims Trading
Unsecured Trade Creditors

New Trend in Third-Party Releases in Delaware

July 2025

Topic Tags
Creditors' Committee
Plan Confirmation

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Topic Tags
Alternative Dispute Resolution
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Fraudulent Transfers
Valuation
Airlines
Business Reorganization
Finance and Banking
Hospitality, Entertainment Venues and Gaming
International Insolvency
Investment Banking
Public Companies and Claims Trading
Real Estate
Retail
Small Business
Turnaround Issues
Unsecured Trade Creditors

Capital Structure Arbitrage

April 2025

Bankruptcy Code
CHAPTER 5 - Creditors, the Debtor and the Estate
Topic Tags
Claims
Creditors' Committee
Financial Advisors
Valuation
Business Reorganization
Finance and Banking
Investment Banking

Resolving the Mass Tort Problem: Part I: Aggregating Cases in a Single Forum Under § 157(b)(5)

March 2025

Bankruptcy Code
28 U.S.C. § 157(d)
Topic Tags
Court Administration
Creditors' Committee
Practice and Procedure
Venue/Jurisdiction
Mass Torts
Friday, January 3, 2025
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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