On April 19, 2023, Justice Ketanji Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC et.al., 598 U.S. ___ 143 S. Ct.
Continue Reading How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking CertaintyMichael Temin
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Who Can Be A Future Claims Representative In The Third Circuit?
By Michael Temin on
By: Michael L. Temin and Martha B. Chovanes
Introduction
Imerys Talc American, Inc. (“Imerys”) filed bankruptcy in response to crushing liability imposed by mounting asbestos and talc personal injury claims…
Continue Reading Who Can Be A Future Claims Representative In The Third Circuit?A Step by Step Process To implement a Proper Screen to Prevent Disqualification Which Would Otherwise Result From a Lateral’s Conflicts
By Michael Temin on
The Delaware Rules of Professional Conduct (“RPC”) impute any individual lawyer’s conflict to all lawyers in a firm. If any individual lawyer has a conflict all attorneys in that lawyer’s…
Continue Reading A Step by Step Process To implement a Proper Screen to Prevent Disqualification Which Would Otherwise Result From a Lateral’s ConflictsStandard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure
By Michael Temin on
By Michael L. Temin and Martha B. Chovanes
A Swiss verein is a formal legal structure recognized under Swiss law, akin to a voluntary association under U.S. law. Several U.S.
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City of Chicago v. Fulton Applied to Prepetition Garnishment
By Michael Temin on
The City of Chicago impounded vehicles for nonpayment of fines. When the owners filed chapter 13 cases and requested that the city return their vehicles, the city refused. The bankruptcy…
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Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky
By Michael Temin on
The United States Supreme Court ruled that 11 U.S.C. § 330(a)(1) does not authorize compensation to debtors’ attorneys from estate funds. Lamie v. U.S. Trustee, 540 U.S. 1023 (2004). A…
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COMPLIANCE WITH OFFICIAL BANKRUPTCY FORM 105 SATISFIES ASHCROFT V. IQBAL
By Michael Temin on
Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides:
Allegation
Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b).
The debtor may
…
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You Have to Follow the Rules: The Importance of Adhering to Bankruptcy Rule 2002 When Serving Claims Bar Date Notices
By Michael Temin on
A Delaware bankruptcy court recently held that the bar date for filing proofs of claim cannot be enforced against a creditor if the notice of the bar date was not…
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Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding
By Michael Temin on
The First Circuit was required to decide whether the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or the Federal Rules of Civil Procedure (the “Civil Rules”) govern a case…
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DISQUALIFICATION OF ATTORNEY FOR CREDITOR COMMITTEE VACATED
By Michael Temin on
Coauthored by Martha B. Chovanes
Introduction
The relationship for which counsel for a committee could be disqualified was addressed in the recent case of Bingham Greenbaum Doll, LLP v. Glenview…
Continue Reading DISQUALIFICATION OF ATTORNEY FOR CREDITOR COMMITTEE VACATED