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831 published works
Bankruptcy Report
Chapter 11 Debtors Exempt From Their Obligations Under An Expired Collective Bargaining Agreement
The Third Circuit’s decision in In re Trump Entertainment presents interesting opportunities for employers with expired collective bargaining agreements (“CBAs”) seeking to reorganize their companies under Chapter 11 of the…
In Solvency
The Statute of Limitations For A Preference Claim
By Fox Rothschild LLP, Fox Rothschild LLP
Because no recent opinions have been published by the Delaware Bankruptcy Court, I wanted to touch on a subject that is vital in nearly every preference or fraudulent transfer case: …
Bankruptcy Report
Follow the Rules: 11th Circuit Holds that District Court Must Follow Federal Rules of Bankruptcy Procedure on Rule 50(b) Motion
On April 8, 2016, the Eleventh Circuit Court of Appeals held that a district court trying a bankruptcy case arising under title 11 of the United States Code is obliged…
Bankruptcy Report
Delaware Bankruptcy Court Rejects Attempt to Indemnify Committee Counsel for Costs of Defending Fees
In In re Boomerang Tube, Inc.,[1] the United States Bankruptcy Court for the District of Delaware refused to approve a proposed retention application that would have required the bankruptcy estate…
Bankruptcy Report
Guidance on the Scope of Airline Debtors’ “Surrender and Return” Obligations Under Section 1110 of the Bankruptcy Code
By Erin Diers
Section 1110 of the Bankruptcy Code provides special protections to lenders and lessors that lease, finance, or conditionally sell aircraft equipment. In 2000, Congress amended section 1110 to add section…
Corporate and Securities Law
GAO Says Regulators Should Improve Transparency in Evaluating Banks’ “Living Wills”
Southern California Bankruptcy Law Blog
Fair Debt Collection Practices Act And Bankruptcy: Part II
Some time ago I wrote in great detail about a split among the circuits over whether the Bankruptcy Code preempts the Fair Debt Collection Practices Act (“FDCPA”). The gist of…
Bankruptcy & Restructuring Law
Another Alternative Fee Arrangement Bites the Dust
On March 16, 2016, Judge Shannon of the U.S. Bankruptcy Court for the District of Delaware rejected a proposed fee structure for Baker Botts L.L.P., which was proposed counsel to…
In Solvency
Coldwater Creek Inc. Preference Actions Filed
In the United States Bankruptcy Court for the District of Delaware, Peter Kravitz, as the Liquidating Trustee of the CWC Creditors Liquidating Trust, filed approximately 106 preference actions on March…
Delaware Bankruptcy Update
Simplexity, LLC Preference Actions Filed
On March 14, 2016, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of Simplexity, LLC, et al. (the "Debtors") filed approximately 44 preference complaints seeking to avoid and recover alleged preferential transfers…