Plan Confirmation

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A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days

Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.

Court :

2nd Circuit

New York

New York Southern District

Wednesday, January 15, 2020

Article Tags

Business Reorganization

Retail

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A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel

A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”

Court :

1st Circuit

Second Circuit Again Applies the ‘Safe Harbor’ to Protect Selling Shareholders in an LBO

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

Court :

2nd Circuit

Tuesday, December 31, 2019

Article Tags

Business Reorganization

Health Care

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Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders

Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.

Court :

3rd Circuit

Friday, December 20, 2019

Article Tags

Business Reorganization

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Revised Rule 3002: Is Lack of Notice Grounds for a Late-Filed Claim

Feb 2020

Topic Tags

Claims

Plan Confirmation

Practice and Procedure

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