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Bankruptcy
A Look At Recent Liquidations Decisions: Less Fluidity And More Transparency, by
Jay R. Kraemer & Kerry Hotopp.
In most international trade law administrative proceedings, and the judicial appeals therefrom, the private parties typically focus their attention on whether, and to what extent, available trade law remedies will be applied to their own, or their competitors’, imported goods. This paper is intended to help counsel to identify some of the pitfalls that may lead to unexpected results in the
liquidation process and, hopefully, to take timely action to assure that their clients do not receive unwelcome surprises at the very end of the game, perhaps even snatching defeat from the jaws of victory.
Non-Specific.
17 pages. Written:
2008. Added:
7-04-2008.
www.ffhsj.com
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Bankruptcy
Acquiring Distressed Assets, by
Joseph Kinning, Berry Spears, Brad Geer & Matt Mazzucchi.
Through the Fulbright Forum, companies of all sizes will get concise, practical business information combined with a legal perspective. Each Fulbright Forum will feature an outside speaker who is a leader in the field discussing a timely topic with experienced Fulbright lawyers who practice in key areas of the law.
Non-Specific.
33 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
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Bankruptcy
Letters of Credit and Landlord Bankruptcy Claims: Can Anyone Straighten Out This Mess?, by
Karen Lee Turner and Tara L. Lattomus.
The trend seems clear. The majority of courts hold that the proceeds of letters of credit should be applied against landlord’s capped claims. While this movement seems to twist the independence principle, courts seem willing to ignore this unique characteristic of letters of credit in the
name of doing what is best for the debtor and its estate.
Non-Specific.
10 pages. Written:
2007. Added:
6-30-2008.
www.eckertseamans.com
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Bankruptcy
Insolvent Companies: Ensuring Your Protection, by
Karen Lee Turner.
This article discusses this shift in duties that occurs when your company is approaching insolvency or has filed for Chapter 11 protection; explains how you can make sure that you have not breached your fiduciary duties; and explores whether actions brought against you for breach of your fiduciary duties will be covered by your
company’s D&O insurance.
Non-Specific.
3 pages. Written:
2007. Added:
6-30-2008.
National Association of Corporate
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Bankruptcy
‘El Toro’: A Red Flag on Lease Rejection Damages, by
John J. Rapisardi.
The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code §502(b)(6) on landlords’ claims arising from a debtor’s rejection of a nonresidential real property lease.
Non-Specific.
2 pages. Written:
2007. Added:
4-04-2008.
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Tax
Partnership Bankruptcy Tax Issues, by
Linda Z. Swartz.
The first part of this outline summarizes the state of the law with respect to general
tax issues that typically arise in connection with partner and partnership bankruptcies and restructurings. The balance of the
outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized.
Federal.
94 pages. Written:
2007. Added:
4-04-2008.
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Bankruptcy
Attorneys’ Fees Preserved In Bankruptcy Cases, by
John H. Bae and Philip John Nichols.
This article discusses the development
of the Fobian rule and other courts’
treatment of it. The article also summarizes
the Supreme Court’s reasoning in abrogating
the Fobian rule in Travelers.
Federal.
2 pages. Written:
2007. Added:
4-04-2008.
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Bankruptcy
Taming Mandatory Subordination Under 510(b), by
Ingrid Bagby and Christopher Updike.
In Chapter 11bankruptcy cases, equityholders of the debtor often do not review any meaningful distribution under a plan of reorganization. The Bankruptcy Code sets forth an extensive priority scheme that places stockholders at the end of the queue.
Federal.
5 pages. Written:
2007. Added:
4-04-2008.
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Bankruptcy
‘Vita’: The Split Over the Indifferent Creditor Class Widens, by
John J. Rapisardi.
In light of the uncertainty imposed by this judicial conflict, there are certain practical steps that a debtor’s counsel may take to reduce the risk that voter apathy will require a debtor to seek confirmation under the Bankruptcy Code’s “cram down” provisions
and potentially doom an otherwise confirmable plan.
Federal.
2 pages. Written:
2008. Added:
4-03-2008.
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Bankruptcy
Collective Bargaining Agreements and the Bankruptcy Code, by
Christopher Updike and Ingrid Bagby.
The article explains that, based on recent decisions, no damage claim arises from court-approved rejection of a collective bargaining agreement pursuant to Section 1113. Section 1113 of the Bankruptcy Code was enacted to address the treatment
of collective bargaining agreements when a company in such distress declares bankruptcy.
Federal.
23 pages. Written:
2008. Added:
4-03-2008.
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Bankruptcy
‘Coudert Brothers’: Court Limits Attorney’s Retaining Lien, by
John J. Rapisardi.
In the bankruptcy context, however the Coudert Brothers decision serves as a reminder of long-standing federal principle that courts must determine property rights in bankruptcy cases by applying state law, & differences among states’ laws can result in differences in outcome.
Federal.
2 pages. Written:
2008. Added:
4-03-2008.
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Banking and Finance
The Lien at the End of the Distressed Tunnel, by
Leonard Klingbaum, Jeffery T. Rose, Wendy S. Walker, Kris Wigness, Dennis Stogsdill, David Kirsch.
Discusses second lien financing arising under subordination and/or intercreditor agreements, and implications under Bankruptcy Code Section 510(a).
Federal.
15 pages. Written:
2007. Added:
4-01-2008.
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Bankruptcy
Are Fee Applications Necessary When Representing the Secured Creditor?, by
Brad Baldwin.
In summary, even when representing a secured creditor in bankruptcy, it is wise to devote a little elbow grease at the front end toward maintaining some time records. Doing so may help avoid objections to your client’s Section 506(b) reimbursement request. Even if a formal fee application becomes necessary, undertake the chore with vigor.
Federal.
4 pages. Written:
2006. Added:
3-31-2008.
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Bankruptcy
One Dozen Important Points About Bankruptcy Appeals, by
David B. Goroff.
The author discusses 12 issues that parties should keep in mind when appealing a bankruptcy court decision, or defending such an appeal. Every appeal requires an appellate advocate to understand and follow
a series of rules.
Non-Specific.
8 pages. Written:
2008. Added:
3-13-2008.
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Bankruptcy
Chapter 11 and Environmental Law, by
Joel M. Gross.
Bankruptcy law and environmental law have various things in common. Environmental law deals with places that were once green and have become brown and addresses how to make them green again. And bankruptcy law deals with businesses that were once in the black, have gone into the red, and focuses on how to get them back into the black.
Federal.
3 pages. Written:
2007. Added:
3-13-2008.
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Bankruptcy
Increased Cash Requirements Cause Debtor’s Dilemma, by
Stephen M. Packman.
In 2005, Section 503(b)(9) was added to the Bankruptcy Code. This section protects vendors who supply product to a debtor within 20 days of the date of the debtor’s bankruptcy filing.
Federal.
3 pages. Written:
2008. Added:
3-12-2008.
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Appellate Practice
Expert testimony in litigation: A ‘how (not) to guide’, by
John D. Penn.
Finally, reminding bankruptcy judges that the U.S. Supreme Court charged them with
gatekeeper duties to examine whether opinions are worthy to be admitted into evidence could also remind them that their decision will be reviewed by Article.
Non-Specific.
2 pages. Written:
2006. Added:
8-28-2007.
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Bankruptcy
The Treatment of Private Line Agreements In Telecommunications Bankruptcies, by
Arthur E. Rosenberg and Peter A. Zisser.
In the U.S. and around the world, telecommunications systems, including twisted wire, fiber optics, and wireless technologies, have been, and continue
to be, built and maintained by a myriad of individual companies, each trying to satisfy the existing and future needs of their customers.
Non-Specific.
7 pages. Written:
2005. Added:
5-12-2007.
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Bankruptcy
Negotiating, Drafting and Enforcing Contracts with Companies in Financial Distress, by
Evelyn Biery and Mark Worden.
Negotiating & enforcing contracts with companies in financial distress presents several unique challenges. The purpose of this paper is to highlight the provisions
generally applicable to executory contracts under the Bankruptcy Code and to generally analyze their consequences.
Non-Specific.
8 pages. Written:
2006. Added:
4-29-2007.
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Lawyer Liability
Survival of the Fittest or Smartest? What the Physician's Advisor Should Know about Malpractice Insurance, by
Alan S. Gassman.
Discusses representaion of physicians.. While most "liability issue" calls received from physician clients are about "asset protection" counseling of physicians & medical practices should involve more than just traditional creditor protection or bankruptcy law.
Non-Specific.
422 pages. Written:
2005. Added:
4-09-2007.
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Legal Research
Business Bankruptcy Blogs, by
Tom Kirkendall.
The purpose of this articles is to provide an introduction to blogs in general, refer to several important blawgs that focus on business bankruptcy-related issues and provide some tips for utilizing blawgs efficiently in performing legal research.
Federal.
9 pages. Written:
2007. Added:
4-05-2007.
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Franchise and Distribution
New Bankruptcy Code Provisions Change the Calculus for Franchisors and Franchisees, by
Holly R. Shilliday.
This article addresses two aspects
of the Act: the right of trade creditors,
including franchisors and suppliers
who sell products to franchisees and
franchisors, to reclaim goods delivered
pre-petition, and changes regarding the
treatment of commercial real estate leases
under the Act.
Non-Specific.
2 pages. Written:
2005. Added:
3-20-2007.
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Bankruptcy
Betting the bottom dollar: ERISA Fiduciary liability before & after filing for bankruptcy, by
Craig C. Martin, William L. Scogland.
For directors & officers of companies facing potential bankruptcy, difficult questions mount along with unpaid bills. The difficulty is compounded if the directors & officers are also fiduciaries of the company’s employee benefits plans under ERISA because these directors & officers must decide if and how to fund the employee benefit plans.
Non-Specific.
6 pages. Written:
2006. Added:
3-20-2007.
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Bankruptcy
Criminal liability for the bankruptcy practitioner, by
Ronald R. Peterson.
This chapter will first explore what constitutes a bankruptcy crime. Next, it
will show how these statutes were applied in a precedent-breaking way to Mr.Gellene. The chapter will then review the areas where the professional may be skating on thin ice; finally, it will explore emerging areas of criminal exposure.
Non-Specific.
26 pages. Written:
2005. Added:
3-20-2007.
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Bankruptcy
New Value Plans of Reorganization: Panacea or pandora’s box?, by
Brian I. Swett, Jeff J. Marwil and Terence G. Banich.
The sine qua non of a proceeding under chapter 11 of Bankruptcy Code is confirmation of a plan of reorganization. Apart from the usual arguments regarding whether debtor’s proposed plan satisfies various elements required for confirmation, plans of reorganization proposed by debtors are usually not subject to any heightened or special for scrutiny.
Non-Specific.
6 pages. Written:
2006. Added:
3-20-2007.
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Bankruptcy
Substantive Consolidation: When Two Become One, by
Stephen M. Packman.
The sole purpose of substantive consolidation is to ensure the equitable treatment of all creditors. The effects of substantive consolidation upon debtors and
creditors can be far reaching and are often unanticipated at the outset of the debtor-creditor relationship.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Bankruptcy
D&O Policy Proceeds As Property Of A Bankrupt Debtor’s Estate, by
William Kapell, Esq., Winston & Strawn.
This article focuses on complex commercial litigation, with a special interest in D&O insurance coverage matters. Past court decisions place varying levels of emphasis on these features when called upon to decide whether D&O proceeds constitute estate property. Recent rulings continue to analyze the issue in different ways.
Non-Specific.
8 pages. Written:
2006. Added:
3-18-2007.
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Legal Malpractice
Family Law: An Increasingly Risky Nusiness, by
LAWPRO.
In both count and cost, marital and family law-related malpractice claims are on the increase. By area of law, family law is LAWPRO'S fourth most common area of claims: Only
litigation, real estate, and corporate/commercial/bankruptcy rank higher.
Non-Specific.
4 pages. Written:
2005. Added:
3-18-2007.
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Government
U.S. corporate and bank insolvency regimes: An economic comparison and evaluation, by
Robert R. Bliss & George G. Kaufman.
In U.S. the insolvency resolution of most corporations is governed by the federal
bankruptcy code & is administered by special bankruptcy courts. This paper elucidates these differences explores the effectiveness of the procedural
differences in achieving stated goals & considers the potential economic
consequences of the different structures.
Non-Specific.
41 pages. Written:
2006. Added:
3-18-2007.
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Criminal
Criminal Liability for the Bankruptcy Practitioner, by
Ronald R. Peterson.
On December 2, 1994, the 37-year-old Gellene had persuaded the United
States Bankruptcy Court for the Eastern District of Wisconsin to confirm his
embattled plan of reorganization for Bucyrus-Erie in less than one year. This chapter will first explore what constitutes bankruptcy crime.
Non-Specific.
26 pages. Written:
2005. Added:
3-17-2007.
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Bankruptcy
Deepening Insolvency or Deepening Confusion?, by
Ronald R. Peterson, Jerry L. Switzer Jr. and Phillip W. Nelson.
Although coined over 20 years ago, the term “deepening insolvency” continues to defy clear understanding. A debate rages over whether deepening insolvency is an independent cause of action, a measure of damages for a separate tort or neither of the above. To understand the impact of CitX, a review of the history of deepening insolvency is in order.
Non-Specific.
3 pages. Written:
2006. Added:
3-17-2007.
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Bankruptcy
Pratt’s Journal Of Bankruptcy Law, by
Catherine L. Steege.
The author first provides an overview of the process and procedures for seeking relief under Sections 1113 and 1114 of the Bankruptcy Code & a discussion of the changes made by BAPCPA to Section 1114. She then explores current issues of significance. Bankruptcy Code have taken on renewed significance & received much
attention in the popular press.
Non-Specific.
34 pages. Written:
2006. Added:
3-16-2007.
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Tax
Partnership Bankruptcy Tax Issues, by
Linda Z. Swartz, Cadwalader.
Bankruptcies and restructurings involving partners & partnerships raise a number of unique tax issues. While the IRS has provided guidance with respect to a number of these issues, a surprising number of unresolved issues remain. The balance of the outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized
Federal.
94 pages. Written:
2007. Added:
3-13-2007.
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Bankruptcy
When the 363 Sale Is the Best Route, by
Robert G. Sable, Michael J. Roeschenthaler, Daniel F. Blanks.
The sale practice under section 363 of the Bankruptcy Code has continuously changed from that which was originally contemplated by its drafters, the bankruptcy courts, and even the lawyers practicing bankruptcy law when section 363 was enacted.
Non-Specific.
24 pages. Written:
2006. Added:
3-12-2007.
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Bankruptcy
What Is Deepening Insolvency?, by
Ronald R. Sussman, Benjamin H. Kleine, Cooley Godward Kronish LLP.
Deepening insolvency is a developing theory of law that entails the wrongful prolongation of a corporation’s life beyond insolvency, thereby resulting in damage to the corporation caused by, e.g., increased debt, dissipation of assets, and/or decreased reputation.
Non-Specific.
7 pages. Written:
2006. Added:
3-12-2007.
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