Among the potential prolonged impacts of the COVID-19 pandemic is the interruption to supply chains throughout several critical industries. As a result, prices have increased as various goods and materials have become difficult to obtain. A recent Washington Post article
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Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding
By Michael Temin
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 that comes within the federal district court’s…
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20th Annual Advanced Restructuring & Plan of Reorganization Conference: Fox Rothschild Partner, Joseph J. DiPasquale, to Co-Moderate “2021 – The Year in Review from the Perspective of Judges and Attorneys”
Joseph J. DiPasquale, a partner in Fox Rothschild’s Morristown, New Jersey and New York City offices, is set to co-moderate a presentation on important developments in bankruptcy law throughout 2021. Described as a “hallmark session of the conference,” Joseph…
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FDCPA to be Amended Effective November 30, 2021 by New Regulation F
Effective November 30, 3031, the Consumer Financial Protection Bureau (CFPB) will enact Regulation F to 12 C.F.R. 1006, which will be the first comprehensive federal debt collection regulations interpreting the Fair Debt Collection Practice Act (FDCPA).
The FDCPA was enacted…
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Courts Analyze the Degree of “Commercial or Business Activity” Necessary for a Liquidating Debtor to be Eligible for Subchapter V Relief
“Just enough” is an undeniable—if informal—legal precept. The concept finds its way into canon from adequacy of pleading to application of equity. See, e.g., K-Tech Telecommunications, Inc. v. Time Warner Cable, Inc., 714 F.3d 1277, 1284 (Fed. Cir. 2013) (A…
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DISQUALIFICATION OF ATTORNEY FOR CREDITOR COMMITTEE VACATED
By Michael L. Temin and 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 Health Care Facility, Inc., 620 B.R. 582…
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Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
In a recent post, our own Harriet Wallace observed a truism in a recent ruling by the United States Bankruptcy Court for the District of Delaware in the chapter 7 iteration of the infamous Jevic case—the wording of an…
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Circuit Split Over Constitutionality of United States Trustee Fee Increases Picks Up More Steam
The Snowball effect, the Domino effect, and even the Streisand effect all demonstrate the accretive impact of small changes. Though without a catchy metaphor, the tendency of Circuit splits to attract new and deviating opinions fits the concept—particularly as applied…
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The Third Circuit, Latent Tort Claims and Bankruptcy Code § 524(g)
By Michael L. Temin and Martha B. Chovanes
To give a reorganized debtor a “fresh start,” the Bankruptcy Code provides that the confirmation of a plan discharges the debtor from any debt that arose before the confirmation date. However, if…
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Court Rules that Litigation Trust Does Not Have to Pay Quarterly Fees to U.S. Trustee
Pursuant to 28 U.S.C. § 1930(a)(6), chapter 11 debtors must pay a quarterly fee to the United States Trustee for deposit in the United States Treasury, until the case is converted or dismissed. The fee is based on a formula…
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