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Restructuring Globalview
Jevic Holding Corp.: Is The Supreme Court Now Ready To Strike Down Structured Dismissals?
In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases,…
Georgia Bankruptcy Blog
Section 362(c)(3) Expiration of Automatic Stay For Repeat Filings: What Does It Cover?
By Scott Riddle
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), as the name implies, included several amendments to the Bankruptcy Code that were intended to curb alleged "abuses" of…
Constitutional Law Prof Blog
Sixth Circuit Says Bankruptcy Gives Detroit a Free Pass on Civil Rights
Steven D. Schwinn, John Marshall Law SchoolThe Sixth Circuit ruled this week that the Bankruptcy Code prevented citizens and organizations in Detroit, which is is Chapter 9 bankruptcy proceedings, from…
Delaware Bankruptcy Update
The Intersection of the SCA and Bankruptcy Code
In a lengthy opinion published November 7, 2016, Judge Sontchi of the Delaware Bankruptcy Court provided a thorough analysis of the interaction between the Stored Communications Act ("SCA") and the Bankruptcy…
In Solvency
The Intersection of the SCA and Bankruptcy Code
By Fox Rothschild LLP, Fox Rothschild LLP
In a lengthy opinion published November 7, 2016, Judge Sontchi of the Delaware Bankruptcy Court provided a thorough analysis of the interaction between the Stored Communications Act ("SCA") and the Bankruptcy…
Bankruptcy & Restructuring Law
You Can Go Your Own Way… Unless the Supreme Court Reverses Jevic
On November 28, 2016, the Supreme Court is scheduled to hear oral arguments in the appeal of Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic…
Restructuring Globalview
Excuse me, but I believe I was first in line! Severance Claims as a Matter of Priority.
Among other strategic considerations a financially troubled company must grapple with as it prepares for a potential bankruptcy filing is how best to effectively implement necessary workforce reductions as part…
Bankruptcy & Restructuring Law
New Delaware Chapter 15 Filing – Catalyst Paper Corporation
By Cole Schotz
Catalyst Paper Corporation and thirteen of its affiliates and subsidiaries filed petitions for relief this morning under Chapter 15 of the Bankruptcy Code (Case No. 16-12419). The Debtors are seeking recognition…
In Solvency
Interest Payments Do Not Qualify as Protected Settlement Payments Under Section 546(e)
In the decision of Motors Liquidation Co. Avoidance Action Trust v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.), 552 B.R. 253 (Bankr. S.D.N.Y. 2016), the SDNY bankruptcy court…
Delaware Bankruptcy Update
Sanjel (USA) Inc. – Chapter 15 Creditors May Challenge Reach of Stay in Recognition Order
A recent decision by the United States Bankruptcy Court for the Western District of Texas in In re Sanjel (USA) Inc., et al., Case No. 16-50778-CAG (Bankr. W.D. Tex. July 29,…