In Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon Music), hosts Jason Sanjana and Kevin Eckhardt interviewed the Honorable Michael B. Kaplan
Continue Reading New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11Uncategorized
Defining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case Study
By Keith C. Owens on
In 2024, the Supreme Court, in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), held that the Bankruptcy Code does not authorize nonconsensual third-party releases in Chapter 11…
Continue Reading Defining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case StudyThe Impact of Purdue Pharma
By Brett Axelrod & Agostino Zammiello on
It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies…
Continue Reading The Impact of Purdue PharmaNew Jersey Releases New Chapter 11 Complex Procedures and Other Rule Updates
By Agostino Zammiello on
Pursuant to the New Jersey Bankruptcy Court’s (the “Court”) annual rule making cycle, the Court implemented various changes to the New Jersey Local Rules and Local Forms, which became effective…
Continue Reading New Jersey Releases New Chapter 11 Complex Procedures and Other Rule UpdatesWho’s a Party in Interest? The Supreme Court’s Ruling in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. Opens the Door for Insurers to Intervene in Certain Bankruptcy Proceedings
By Agostino Zammiello on
Kaiser Gypsum Company Inc. and Hanson Permanente Cement, Inc. (collectively, the “Debtors”), manufacturers of asbestos-containing cement products, filed for chapter 11 bankruptcy on September 30, 2016 (“Petition Date”) in the…
Continue Reading Who’s a Party in Interest? The Supreme Court’s Ruling in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. Opens the Door for Insurers to Intervene in Certain Bankruptcy ProceedingsAssignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcy
By Magdalena Schardt on
by Magdalena Schardt
For some folks the three letters ABC are a reminder of elementary school and singing a song to learn the alphabet. For others, it is a throw…
Continue Reading Assignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcyChapter 11 Plan Confirmed in Boxed, Inc.
By Gordon Gouveia on
On August 30, the bankruptcy court for the District of Delaware confirmed Boxed Inc.’s second amended plan of liquidation on a fully consensual basis. The plan is the result of…
Continue Reading Chapter 11 Plan Confirmed in Boxed, Inc.LTL Management, LLC Bankruptcy Dismissed (Again)
By Agostino Zammiello on
The LTL Management, LLC (“LTL” or the “Debtor”) bankruptcy saga may be coming to an end for a second time, at least for now.
On January 30, 2023, the Third…
Continue Reading LTL Management, LLC Bankruptcy Dismissed (Again)Violation of Settlement Agreement Deemed Non-Dischargeable
By Craig R. Tractenberg on
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-DischargeableDelaware Bankruptcy Court Latest to Determine that Refund of Excess Quarterly US Trustee Fee Payments is Appropriate
By Michael R. Herz on
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 Appropriate