Practice and Procedure

Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity

The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.

J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case

Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”

Judicial Roundtables: Problems, Problems, Problems

As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue

A judge sitting in a proper venue may transfer venue to a district that was improper originally.

Trial Skills: Valuation Hearings

District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout

Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.

Unique Issues in University Cases

July 2023

Chapter 11 Restructurings of Latin American Energy Companies

July 2023