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 PharmaUncategorized
New 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 AppropriateA 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.
Continue Reading Standard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure