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Bankruptcy Litigation Blog 2.0
An Insurer’s Standing in Mass Tort Bankruptcy Cases: Finding the Right Rule and/or Reaching the Right Result
Bankruptcy Code section 1109(b) gives a "party in interest" the right to raise, and appear and be heard on, any issue in a chapter 11 case. Two recent cases involving…
Finance & Bankruptcy Law Blog
Ninth Circuit Rules Security Deposit Must Be Deducted From “Capped Damages” Rather than “Gross Damages” in Calculating Rejection Damage Claims under the Bankruptcy Code – AMB Property
On July 19, 2005, the Ninth Circuit Court of Appeals issued an opinion in AMB Property, L.P. v. Official Creditors for the Estate of AB Liquidating Corp. (In re AB…
Finance & Bankruptcy Law Blog
In Re Ramba: Contemporaneous Exchange for New Value under 11 U.S.C. § 547(c)(1) Requires Creditor to Deliver a Direct Benefit
In July 2005, the Fifth Circuit Court of Appeals held in Baker Hughes Oilfield Operations, Inc. v. Cage (In re Ramba, Inc.), 2005 WL 1581076 (5th Cir.), that a creditor's…
Finance & Bankruptcy Law Blog
The Bankruptcy Act Adds New Chapter 15 to Govern Cross-Border Insolvency Cases
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 adds to the U.S. Bankruptcy Code a new Chapter 15 to govern cross-border cases. Chapter 15 represents a significant departure…
Finance & Bankruptcy Law Blog
What Do The Bankruptcy Amendments Mean For The Healthcare Industry?
As has been widely reported in the financial press, the April 2005 amendment of the Bankruptcy Code represents the most sweeping changes to the Code in several decades. And while…
New Jersey Law Blog
A New Defense to Preference Litigation
No one likes to give back money, especially if you had a hard time collecting it in the first place. For collection practitioners, this situation frequently occurs at the intersection…
Finance & Bankruptcy Law Blog
Management Beware: The New Bankruptcy Amendments Impose Significant Limitations on Key Employee Retention Programs
The new amendments to the Bankruptcy Code change business as usual for key employees at companies entering bankruptcy. Prior to this year's amendments, companies in bankruptcy had wide discretion to…
ContractsProf Blog
“Radical” bankruptcy changes
Like it or not, we've got a new Bankruptcy Code. Much of the hubbub has been about consumer lending, but there’s a lot more in the thing than that—including, for…
New Jersey Law Blog
Bankruptcy of a Commercial Tenant
When a commercial tenant files for bankruptcy, a landlord can easily feel lost in a minefield of bankruptcy court orders and notices, dealing with post-petition financing, claim deadlines, and creditor…
Supreme Court Update
FCC v. Nextwave Personal Communications, Inc. (01-653)
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 opinion still outstanding from the October…