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Washington Energy Report
FERC Seeks Sixth Circuit Rehearing En Banc Regarding Its Role in Bankruptcy Proceedings
On January 27, 2020, FERC petitioned the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) for rehearing en banc of that court’s split (2-1) decision finding that…
Credit Chronometer
2020 May Be the Year Student Loan Debt Relief Gets Real
No, getting real does not mean a politician’s grand plans, no matter how close they may get to office. Nor wiping out all student debt and paying for it with…
Bankruptcy Litigation Briefing
U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy Code)…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Prometheus Health Imaging, Inc.
By Cole Schotz
On January 15, 2020, Prometheus Health Imaging, LLC filed a petition for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Paddock Enterprises, LLC
By Cole Schotz
On January 6, 2020, Paddock Enterprises, LLC (formerly known as Owens-Illinois, Inc.) filed a petition for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court…
Restructuring Globalview
Cannabis and Bankruptcy: 2019 in Review
Courts struggled this year to find a balance between state-licensed cannabis activity and the federal right to seek bankruptcy protection under the Bankruptcy Code. During 2019, we had the first…
Manufacturing Industry Advisor
Seventh Circuit Guidance on Collateral Description in Financing Statements
By Heidi M. Furlong, Heba Hazzaa
In a previous blogpost, we explained the technical requirements for financing statements and the potential risks of failing to satisfy them, highlighting a case where the court ruled, under a…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – MDC Energy LLC
By Cole Schotz
MDC Energy LLC, along with three affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the District of Delaware. These debtors are affiliates of MTE Holdings, LLC,…
New Jersey Law Blog
Sears Wants It’s Money Back… Debtor Filing Preference Complaints Against Trade Creditors
This past week, Chapter 11 debtor Sears Holdings Corporation (“Sears”) filed hundreds of preference complaints to recover money from paid pre-petition creditors. For most creditors, it must seem odd to…
Feher Law Blog
What is a 341 meeting?
A meeting of creditors is called a “341 Meeting” because that is the section of the Bankruptcy Code that requires the meeting to be held. A Meeting is where a…