Rarely do we see a franchise dispute settled, only to generate more litigation. In Pirtek USA, LLC v. James Bradley Lager, et al., 2023 WL 4676067 (Bankr. N.D. Texas, 2023)
Continue Reading Violation of Settlement Agreement Deemed Non-DischargeableAttorneys Beware: The Risks of Failing to Comply with the “Wet Signature” Requirement for Declarations in Some Jurisdictions – Cabardo v. Patacsil (Bankr. E.D. Cal. 2023) – a Case Study
This article was co-authored by Jenna Jacobik, a summer associate based in the firm’s Greenville, SC office.
Judge Frederick E. Clement of the United States Bankruptcy Court for the Eastern
Continue Reading Attorneys Beware: The Risks of Failing to Comply with the “Wet Signature” Requirement for Declarations in Some Jurisdictions – Cabardo v. Patacsil (Bankr. E.D. Cal. 2023) – a Case StudyDelaware Bankruptcy Court Latest to Determine that Refund of Excess Quarterly US Trustee Fee Payments is Appropriate
The Fox Rothschild In Solvency blog previously covered the Supreme Court’s decision in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), in which the 2017 amendment to 28 U.S.C.
Continue Reading Delaware Bankruptcy Court Latest to Determine that Refund of Excess Quarterly US Trustee Fee Payments is AppropriateHow Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty
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 Certainty
In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis Companies
Cannabis clients are often surprised to learn that the bankruptcy courts are unavailable to liquidate or reorganize most cannabis businesses. Indeed, the Office of the United States Trustee (the “UST”)
Continue Reading In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis CompaniesDo Liquidating Trusts Have to Pay Quarterly US Trustee Fees?
In a 2021 opinion in In re Paragon Offshore PLC, 629 B.R. 227 (Bankr. D. Del. 2021) (“Paragon Offshore”), Judge Sontchi of the United States Bankruptcy Court for
Continue Reading Do Liquidating Trusts Have to Pay Quarterly US Trustee Fees?New Complex Case Procedures in the Southern District of Texas
Effective January 1, 2023, the procedures for filing complex cases in the Southern District of Texas changed. The courts have made the procedures specific and detailed. Below are some of
Continue Reading New Complex Case Procedures in the Southern District of TexasWho Can Be A Future Claims Representative In The Third Circuit?
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?Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program Accounts
In a recent decision by Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York presiding over cryptocurrency Chapter 11 megacase, In re
Continue Reading Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program AccountsA Step by Step Process To implement a Proper Screen to Prevent Disqualification Which Would Otherwise Result From a Lateral’s Conflicts
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 Conflicts