Statute
Bankruptcy Code
831 published works
Plan Proponent
The Houston Astros in October: Bankruptcy Edition
With an exciting but somewhat controversial finish in last night's game, the Washington Nationals tied the series 3-3 with the Houston Astros, setting-up for a potentially exciting Game 7 conclusion…
Waller Law Blogs
Provider agreements: Does two make a trend?
By David E. LemkeTyler N. LayneMelissa W. Jones
10.14.19On the heels of the September decision in Center City Healthcare, LLC, d/b/a Hahnemann University Hospital, et al., Case No. 19-11466 (KG), in which federal bankruptcy Judge Kevin Gross ruled…
Supreme Court Update
FCC v. Nextwave Personal Communications, Inc. (01-653)
Greetings Court fans! Two items of interest from the Court. First, the Court issued its opinion in FCC v. Nextwave Personal Communications, Inc. (01-653). After today, there is only one…
Supreme Court Update
Eldred v. Ashcroft (0-618), Barnart v. Peabody Coal (01-705, 01-715)
Greetings Court fans! Two more opinions today -- and whopper opinions at that. One opinion (with all dissents) is 38 pages and the other is 83 pages (with an appendix!).…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Sugarfina, Inc.
By Cole Schotz
On September 6, 2019, Sugarfina, Inc., along with two of its affiliates, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – RAIT Funding, LLC
By Cole Schotz
On August 30, 2019, RAIT Funding, LLC (f/k/a Taberna Funding LLC), along with six of its affiliates, filed a petition for relief under Chapter 11 of the Bankruptcy Code in…
The D&O Diary
D&O Policy’s Bankruptcy Exclusion is a Prohibited Ipso Facto Provision and Unenforceable
One way or the other, I have been doing D&O for more than 35 years. One of the reasons I love what I do is that there is always something…
Energy & the Law
Bankruptcy Ruling Sides With Oil Field Realities
Co-author Lydia Webb Nabors Offshore Corp. v. Whistler Energy II LLC is the rare bankruptcy case where the outcome was consistent with the realities of operating in the oil patch…
Finance & Bankruptcy Law Blog
Increase in Regulatory Expense for Debtor-In-Possession Revolving Credit Facilities
The United States Court of Appeals for the Seventh Circuit held that payments made by a debtor’s customers to its lender converting a pre-petition loan to a post-petition loan constituted…
NextGen Financial Services Report
Importance of Careful Drafting of Intercreditor Agreements Highlighted by Recent Federal Appeals Court Ruling
Over the past several years, much has been written about how numerous bankruptcy courts have interpreted and enforced bankruptcy and insolvency-related provisions in intercreditor agreements, subordination agreements and other “agreements…