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831 published works
Agricultural Law and Taxation Blog
Farm Financial Stress – Debt Restructuring
OverviewThe current financial situation in agriculture is difficult for many producers. Low crop and livestock prices, falling land values and increasing debt levels are placing some ag producers in a…
New Jersey Law Blog
11 Retailers to Watch for Possible Bankruptcy Filings in 2017
2016 ended on a high note with higher than expected holiday sales and overall a better real estate market. However, there were a number of retailers that sought bankruptcy protection.…
Minding Your Business
Courts Split on Definition of a “Return” for Tax Discharge
By Rucha Desai
On October 11, 2016, Martin Smith petitioned the Supreme Court for a writ of certiorari to review a decision by the Ninth Circuit. After Smith failed to file a timely…
Restructuring Globalview
Serial Filers: Lenders And Lessors Given A New Remedy
What can a lender do about successive bankruptcy filings by a borrower? What can lessors do when their tenants file successive bankruptcy petitions? A recent decision by a bankruptcy court…
Delaware Bankruptcy Update
Preference Actions Filed in the Seal123, Inc. Bankruptcy Proceeding
From December 15-21, 2016, the Seal123, Inc. Liquidation Trust filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 544 and/or 547, 548…
In Solvency
Preference Actions Filed in the Seal123, Inc. Bankruptcy Proceeding
From December 15-21, 2016, the Seal123, Inc. Liquidation Trust filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 544 and/or 547, 548…
Bankruptcy & Restructuring Law
Plan Proponents Beware of “Death Trap” Traps in Chapter 11 Plans and Disclosure Statements
A topic that receives relatively little attention is the practice of plan proponents to include “death trap” provisions in chapter 11 plans. A death trap provision can provide for a…
Nebraska Debt & Bankruptcy Blog
Can Gage County Discharge Intentional Wrongdoing in Bankruptcy?
By Sam Turco
Bankruptcy Code Section 523(a)(6): A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt . . . for…
Restructuring Globalview
Quantum Foods – – Administrative Expense Claims as an Avoidance Offset.
Judge Carey in the District of Delaware recently ruled on an intriguing question—can a defendant in a preference action reduce the amount of a recoverable preference by setting off the…
Delaware Bankruptcy Update
Formation Meeting Scheduled in Limitless Mobile, LLC Bankruptcy
In the Limitless Mobile, LLC bankruptcy proceeding (Delaware Bankruptcy Case No. 16-12685), a formation meeting has been scheduled for December 16, 2016 at 10:00 a.m. (ET) at the J. Caleb Boggs…