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Law Firm Publications on Bankruptcy [See Also: News Articles] Last update: Mar 19, 2007 McDermott: The Effect of the New Bankruptcy Code on Safe Harbor Tr...  Nov 29, 2005 McDermott - Newsletters - The Effect of the New Bankruptcy Code on Safe Harbor Transactions if (document. selectedIndex=0; } Please select a language: English German PUBLICATIONS NEWSLETTERS THE EFFECT OF THE NEW BANKRUPTCY CODE ON SAFE HARBOR TRANSACTIONS November 29, 2005 On October 17, 2005, the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 act) became effective, amending various provisions of the U.S. Bankruptcy Code, 11 U.S.C. ºº 101-1532 (the Sheppard Mullin: Director/Officer Liability in Event of Bankruptcy  Sep 21, 2005 Blank Rome: Business Restructuring and Bankruptcy Alert  Sep 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Healthcare Business Cases A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge provides unfair Blank Rome: Business Restructuring and Bankruptcy Alert  Sep 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Good News for Utilities A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge provides unfair Blank Rome: Business Restructuring and Bankruptcy Alert  Aug 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Preference and Fraudulent Conveyance Law A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge Blank Rome: Business Restructuring and Bankruptcy Alert  Aug 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Limits on Executive Compensation A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge provides Blank Rome: Business Restructuring and Bankruptcy Alert  Jul 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Restrictions Affecting Real Estate Assets A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge Blank Rome: Business Restructuring and Bankruptcy Alert  Jul 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Chapter 11 Debtors Subject to Stricter Limits A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy Blank Rome: Business Restructuring and Bankruptcy Alert  Jul 01, 2005 Click here to view all members of the Business Restructuring and Bankruptcy Practice Group Click here to view all members of the Financial Services Practice Group Bankruptcy Law Reform: Vendors Receive Increased Protection A bankruptcy system that assures predictable outcomes is vital to our economic well-being because the United States has little in the way of government programs to relieve people from the dislocations caused by financial failure. But, the sense that a bankruptcy discharge Sheppard Mullin: What Do The 2005 Bankruptcy Amendments Mean For The Hea...  Jun 22, 2005 What Do The 2005 Bankruptcy Amendments Mean For The Healthcare Industry. src = eval(imgObjName + ".src") } } -- Printer Friendly Page What Do The 2005 Bankruptcy Amendments Mean For The Healthcare Industry Goodwin Procter: Consumer and Individual Bankruptcy  Jun 01, 2005 Reprinted with Permission from Pratt's Guide to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The most prominent changes set forth in the new legislation are those that affect individual debtors under the Bankruptcy Code, as discussed here Goodwin Procter: President Bush Signs S.256 ? Enacting Bankruptcy Reform...  May 02, 2005 President Bush Signs S.256 ­ Enacting Bankruptcy Reform Legislation. On April 20, 2005, President Bush signed into law S.256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" which had been approved by the House of Representatives on April 14, 2005 and previously passed by the Senate on March 10, 2005 Dorsey & Whitney: Bankruptcy Reform Has Big Impact on Corporate Debtors  Apr 25, 2005 Among the highlights of the recently enacted changes to the Bankruptcy Code, as it relates to corporate debtors, are:Expanded Priority for Trade Creditors and Reclamation ClaimantsGoods received within the 20 days preceding the bankruptcy filing that were sold to the Debtor in the ordinary course of business are entitled to post-petition administrative expense priority. Goods received within the 45 days preceding the bankruptcy filing are subject to a new statutorily-created right of reclamation Mintz Levin: Bankruptcy Law Alert: President Signs Major Bankruptcy ...  Apr 21, 2005 ...arguments; for(x=0; x Main > Publications > Publications Bankruptcy Law Alert: President Signs Major Bankruptcy Reform into Law April 21, 2005 On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Bankruptcy Act" or "Act"). While much of the public attention on the Act has been focused on its provisions concerning consumer bankruptcies, the Act will also have an impact on business bankruptcy cases Greenberg Traurig: The Healthcare Bankruptcy Bill  Apr 01, 2005 The Healthcare Bankruptcy Amendments are part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that has gained much notoriety for its sweeping reform of consumer bankruptcies. "The Healthcare Bankruptcy Amendments are intended to encourage healthcare companies to consider the patients’ rights and interests when administering their bankruptcy case." The Healthcare Bankruptcy Amendments are intended to encourage healthcare companies to consider the patients’ rights and Sheppard Mullin: Bankruptcy Considerations In Intellectual Property Lice...  Mar 04, 2005 Bankruptcy Considerations In Intellectual Property Licensing - Concerning The Unthinkable NS4 = (document. src = eval(imgObjName + ".src") } } -- Printer Friendly Page Bankruptcy Considerations In Intellectual Property Licensing - Concerning The Unthinkable March 4, 2005 Click Here to View a PDF Copy of the Document Gibbons: Negotiating The Bankruptcy Maze  Mar 01, 2005 A recent decrease in bankruptcy filings in New Jersey is no sure guide to what might lie ahead. Factors such as these not only helped companies prosper, they also allowed a fair number of troubled companies to reorganize without a visit to bankruptcy court Hughes Hubbard & Reed: Corporate Reorganization Advisory: Bankruptcy Reform Bi...  Mar 01, 2005 Advisories Related Practice Area Corporate Reorganization March 2005Corporate Reorganization Advisory: Bankruptcy Reform Bill Passes Senate James W. Giddens , Daniel S. Lubell , Peter R. Moyers -- This document is only available in Adobe Acrobat (pdf) format. To view it, please click on the PDF Version link above Winstead: Bankruptcy Issues Related to Foreclosure and Repossessi...  Feb 08, 2005 BANKRUPTCY ISSUES RELATED TO FORECLOSURE AND REPOSSESSION. Foreclosure and Repossession in Texas Bankruptcy Issues Related to Foreclosure and Repossession Pepper Hamilton: Look for Nerve Center When Deciding Bankruptcy Venue &n...  Dec 03, 2004 Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Look for Nerve Center When Deciding Bankruptcy Venue 12/03/2004 This article was originally published in the December 3, 2004 issue of The Legal Intelligencer and is republished here with permission. Recently, Judge Stephen Raslavich reviewed the applicable standards to determine whether venue properly lies in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania for two debtors, each Jones Day: Bankruptcy Courts May Authorize Rejection of FERC-Regul...  Dec 01, 2004 Jones Day - Publications - Bankruptcy Courts May Authorize Rejection of FERC-Regulated Contracts function setLanguage(theform,section,page){ lang = theform. Business Restructuring ReviewBankruptcy Courts May Authorize Rejection of FERC-Regulated Contracts December 2004 PDF Version Debra K. Simpson, Mark G. Douglas Conflicts arising from the seeming incongruity between the Bankruptcy Code and other federal statutes governing the way that companies in various industry sectors are regulated have Arnold & Porter: Bankruptcy Issues for Landlords and Tenants (PDF: 76.4 ...  Oct 01, 2004 And that is not all: Unlike an ordinary assignment, a bankruptcy assignment will terminate the obligation of the original assignor. What Leases Are Governed by Bankruptcy Code §365 Kilpatrick Stockton: Minimizing Preference Exposure: Pre-Bankruptcy Planning  Sep 01, 2004 The proliferation of bankruptcy preference claims has left many creditors frustrated. After a debtor has filed for bankruptcy and you are faced with preference litigation, existing facts may not be helpful to your defense McDermott: Catholic Health Care: Importance of Effective Corporate...  Jul 20, 2004 McDermott - Newsletters - Catholic Health Care: Importance of Effective Corporate Structure: Archdiocese of Portland Bankruptcy Filing if (document. selectedIndex=0; } Please select a language: English Italian German PUBLICATIONS NEWSLETTERS CATHOLIC HEALTH CARE: IMPORTANCE OF EFFECTIVE CORPORATE STRUCTURE: ARCHDIOCESE OF PORTLAND BANKRUPTCY FILING July 20, 2004 The July 6, 2004, bankruptcy filing of the Archdiocese of Portland should serve as a clarion call for dioceses and diocesan ministries Lowenstein Sandler: "Time and Place Really Matter in Bankruptcy"  Jul 01, 2004 Time and Place Really Matter in Bankruptcy. Sheila Carson* Lowenstein Sandler PC Roseland, New Jersey Issue While a landlord on a non-residential real property lease is entitled to payment of obligations arising under the lease between the commencement of a debtor-tenant's bankruptcy case and the date the lease is either assumed or rejected by the debtor-tenant, the magnitude of the recovery depends on the date--or the timing--of rejection and in which jurisdiction the bankruptcy is pending Baker Botts: Bankruptcy Basics: Patent Licenses in Bankruptcy  May 01, 2004 One risk is "credit risk" – which includes the chance that the other party to the license may become subject to bankruptcy. If a licensee enters bankruptcy, a licensor’s concern is that its intellectual property may be trapped in the proceeding or, worse, transferred to a competitor Hughes Hubbard & Reed: Distressed-Debt Trading in Bankruptcy  Apr 01, 2004 Sedgwick: Like Dorothy in the Land of Oz: Insurers in Bankruptcy ...  Apr 01, 2004 Like Dorothy in the Land of Oz: Insurers in Bankruptcy Court function lib_bwcheck(){ //Browsercheck (needed) this. focus(); } } Like Dorothy in the Land of Oz: Insurers in Bankruptcy Court By: Julia Molander, Lillian Stenfeldt April 2004 Introduction “The insured has filed for bankruptcy.” These words can strike terror in the hearts of insurers and their counsel Greenberg Traurig: Anatomy of an Involuntary Corporate Bankruptcy  Mar 01, 2004 Journal of Bankruptcy Law and Practice (USPS 0012-091), (ISSN 1059-048X) is published bimonthly by West Group, 610 Opperman Drive, Eagan, MN 55123-1396. Postmaster: send address changes to Journal of Bankruptcy Law and Practice, PO Box 64526, St. Paul, MN 55164-0526 Bell: Bankruptcy  Jan 01, 2004 Fried Frank: Mandamus Review in Bankruptcy Cases  Nov 01, 2003 How ironic that petitions for writs of mandamus, while rare, and the granting of such writs, rarer still, have found contemporary use and, by historic standards, frequency of use in the bankruptcy arena. Even more ironic is that orders and rulings of bankruptcy judges would be subject to mandamus review Jones Day: Bankruptcy Sales: The Stalking Horse  Nov 01, 2003 The benefits include obtaining the assets free and clear of liens, protection from fraudulent transfer claims, protection against certain liabilities and certainty with respect to the enforceability of the transaction documents as provided in the bankruptcy court's order, relief from the need to obtain consent to the assignment of certain contracts, an expedited waiting period under the Hart-Scott-Rodino Antitrust Improvements Act, exemption from certain state laws including bulk sales and Swidler Berlin: Calculating a Landlord's Claim in Bankruptcy  Oct 01, 2003 Volume 32, Number 2 From the Editor-in-Chief The Future of the National Environmental Policy Act Calculating a Landlord's Claim in Bankruptcy. CALCULATING A LANDLORD'S CLAIM IN BANKRUPTCY Coudert Brothers: Indonesia?s Bankruptcy Law: What?s Next?  Oct 01, 2003 Language : English -- Articles Newsletters Advanced Indonesia’s Bankruptcy Law: What’s Next. 10/15/2003 : Global Turnaround:: By William A. Sullivan , Audrey NgBackground Prior to 20 August, 1998, Indonesian corporate and personal bankruptcy were governed by a 1905 Bankruptcy Ordinance enacted during the Dutch colonial period (the “Bankruptcy Ordinance”) Greenberg Traurig: The Effect of Bankruptcy on a Subchapter S Election  Sep 01, 2003 Although the Subchapter S election works to the benefit of the shareholders of an S Corp., this benefit can turn into a major disadvantage when the S Corp. files for bankruptcy protection. When an S Corp. files for bankruptcy protection, it is very possible that the shareholders will not see any more income or any other economic benefit from their ownership interest in the S Corp. However, post-petition taxable income of the S Corp./Debtor would still flow through to the shareholders, which Coudert Brothers: International style laws on bankruptcy  Aug 01, 2003 The concept of a bankruptcy law did not emerge in the mainland until the 1980s. The inability to pay debts is the general criteria in the mainland Bankruptcy Law for determining whether or not an enterprise is insolvent Foley Lardner: An Asset Purchaser's Guide to Bankruptcy Sales (PD...  Jun 25, 2003 Asset Purchaser's Guide to Bankruptcy Sales. An Asset Purchaser's Guide to Bankruptcy Sales Many asset purchasers have known for years that assets of insolvent companies, including companies in bankruptcy, can be obtained at bargain basement prices Jackson Walker: Bankruptcy Overview - Selected Topics  Jun 02, 2003 03 Industry: BankruptcyBy:Ruzinsky, Bruce J. Download Article (PDF) Search Publications Search using Keyword. Austin | Dallas | Fort Worth | Houston | Richardson | San Angelo | San Antonio Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization Wiley Rein & Fielding: Bankruptcy Telecommunications Manual  Jun 01, 2003 Former industry giants such as WorldCom, Adelphia Communications, Global Crossing, XO Communications and Metromedia are among the big names who have sought bankruptcy protection. It examines the interrelationship and conflict between the Communications Act and the Bankruptcy Code Poyner and Spruill: Electronic Bankruptcy Noticing - June 2003  Jun 01, 2003 Bankruptcy E-lert - June 2003 Print this Page Electronic Bankruptcy Noticing Many times creditors have asked us whether they could provide some central computer with their address so all bankruptcy notices would immediately go to that address. For these creditors, the Bankruptcy Noticing Center ("BNC") may provide some relief through electronic bankruptcy noticing ("EBN") Akerman Senterfitt: 05/14/03 - Bankruptcy Update Spring 2003  May 14, 2003 Akerman Senterfitt Bankruptcy Law Update The centrally filed lien lasts for five years from filing. Akerman Senterfitt Bankruptcy Law Update Gibbons: Alternative Dispute Resolution Processes and the Bankru...  Apr 11, 2003 Gibbons, Del Deo, Dolan, Griffinger ione Articles Alternative Dispute Resolution Processes and the Bankruptcy Courts By Shira B. Albert Alternative Dispute Resolution ("ADR"), such as AAA mediation and arbitration, has become widely accepted in both the legal and business worlds as an economical and speedy alternative to litigation. However, the presence of these clauses can create difficulties when disputes arise during the course of a bankruptcy proceeding in Bankruptcy Court Jackson Walker: Business Bankruptcy for the (Blessedly) Uninitiated  Mar 27, 2003 03 Industry: BankruptcyBy:Richardson, Robert GThompson, Chris Download Article (PDF) Search Publications Search using Keyword. Austin | Dallas | Fort Worth | Houston | Richardson | San Angelo | San Antonio Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization Hodgson Russ: Preferences Under U.S. Bankruptcy Law  Mar 27, 2003 OverviewThe U.S. Bankruptcy Code, Section 547, permits a debtor in bankruptcy or its trustee to “avoid” (i. e., force disgorgement or repayment) transfers made within 90 days of a bankruptcy filing (one year if the transferee was an insider) Hodgson Russ: Rules Governing the Employment of Counsel in U.S. Bankr...  Mar 27, 2003 Hodgson Russ LLP - Attorneys Antitrust Banking Bankruptcy rcial Litigation Business Litigation Corporate ities Customs Education Law Employee Benefits Employment Litigation Environmental Estates s FDA Florida Family al General / International Tax Government Relations Health Law HIPAA Immigration Insurance urance Intellectual Property ology Law International / Cross-Border Labor yment Municipal Law Nonprofit Law Real Estate ce State Tax Tax Dispute Resolution Telecommunications Torts, Insurance Hodgson Russ: Filing a Proof of Claim in a U.S. Bankruptcy  Mar 26, 2003 A proof of claim is a creditor’s written statement, filed in a bankruptcy case for purposes of showing the basis and amount of the creditor’s claim against the debtor. Although the filing of a proof of claim is permissive, among the reasons for doing so are to share in any distribution of the estate’s assets, make others aware of claims against the estate, make the debtor aware of claims against the estate, vote for the election of a trustee in cases under chapters 7 or 11, establish claimant’s Hodgson Russ: The Automatic Stay in U.S. Bankruptcy Cases  Mar 21, 2003 Immediately upon filing a bankruptcy petition under any chapter of the U.S. Bankruptcy Code, there arises by operation of law an “automatic stay” that operates as a prohibition, applicable to all entities, of most collection and enforcement actions against the debtor. The debtor is not required to serve notice of the bankruptcy in order to obtain the stay Hodgson Russ: Executory Contracts and Leases Under U.S. Bankruptcy La...  Mar 21, 2003 Hodgson Russ LLP - Attorneys Antitrust Banking Bankruptcy rcial Litigation Business Litigation Corporate ities Customs Education Law Employee Benefits Employment Litigation Environmental Estates s FDA Florida Family al General / International Tax Government Relations Health Law HIPAA Immigration Insurance urance Intellectual Property ology Law International / Cross-Border Labor yment Municipal Law Nonprofit Law Real Estate ce State Tax Tax Dispute Resolution Telecommunications Torts, Insurance Thompson & Knight: 02/11/2003 - Letters of Credit and Bankruptcy  Feb 11, 2003 Letters of Credit and Bankruptcy var bookmarkurl="http://www.tklaw.com/website.nsf/_/DD0C6FD77AFE95E386256CCA00526EC1" var bookmarktitle="Thompson t L.L.P - Letters of Credit and Bankruptcy" var isReady = false; function addbookmark(){ if (document. mmLoadMenus(); Letters of Credit and Bankruptcy More Articles: A Case Study -- Retail Electric Provider Bankruptcies The 1989 AAPL Model Form Operating Agreement: Why Are You Not Using It Thompson & Knight: 02/10/2003 - Significant Issues in Oil & Gas Bankruptcy...  Feb 10, 2003 Winstead: A debtor's bankruptcy can be costly  Feb 09, 2003 PROTECTING YOUR COMPANY FROM A DEBTOR'S BANKRUPTCY By Mary W. Koks The impact of the Enron bankruptcy has left companies with whom they did business reeling from the losses resulting when such a major player craters. Companies who are planning to file a bankruptcy may let payables lag to build up a "war chest" to fund the expenses of bankruptcy Kilpatrick Stockton: Buying Assets From A Distressed Company or Debtor in Ba...  Feb 01, 2003 ...com/'; LL_init(); generateNav(); buildNav(); Search Legal Alerts Related Services Financial Restructuring Publications - Legal Alerts Printer Friendly Version Buying Assets From A Distressed Company or Debtor in Bankruptcy Bankruptcy Legal Alert, February 2003 Given the current state of the economy, now may be a good time to pick up some telecom assets, real estate, office equipment or practically any other type of asset from a distressed company or even a company in bankruptcy. Consideration Kilpatrick Stockton: Buying Assets From A Distressed Company or Debtor in Ba...  Feb 01, 2003 ...com/'; LL_init(); generateNav(); buildNav(); Search Legal Alerts Related Services Financial Restructuring Publications - Legal Alerts Printer Friendly Version Buying Assets From A Distressed Company or Debtor in Bankruptcy Bankruptcy Legal Alert, February 2003 Given the current state of the economy, now may be a good time to pick up some telecom assets, real estate, office equipment or practically any other type of asset from a distressed company or even a company in bankruptcy. Consideration Dewey Ballantine: Business Trusts Under the Bankruptcy Code  Dec 01, 2002 Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?  Nov 01, 2002 ...com/'; LL_init(); generateNav(); buildNav(); Search Legal Alerts Related Services Telecommunications Publications - Legal Alerts Printer Friendly Version Is Bankruptcy an Option for Your Service Provider. Telecommunications Legal Alert, November 2002 Service providers of both regulated and unregulated telecom services are filing for bankruptcy, or may file for bankruptcy in the near future Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?  Nov 01, 2002 ...com/'; LL_init(); generateNav(); buildNav(); Search Legal Alerts Related Services Telecommunications Publications - Legal Alerts Printer Friendly Version Is Bankruptcy an Option for Your Service Provider. Telecommunications Legal Alert, November 2002 Service providers of both regulated and unregulated telecom services are filing for bankruptcy, or may file for bankruptcy in the near future Holme Roberts & Owen: Licensor Beware: Copyright Licenses in Bankruptcy - Nov...  Nov 01, 2002 Holme Roberts & Owen, LLP function Go(){ return } Site Search: Publications Licensor Beware: Copyright Licenses in Bankruptcy Intellectual Property View Adobe Acrobat PDF Privacy Policy function disclaimerPopUp(pageref) { var popupref = window. open("","disclaimer","scrollbars=yes,width=500,height=350,resizable=no,toolbar=yes,location=no,directories=no,status=no,menubar=yes"); popupref Wiley Rein & Fielding: Overview Of Bankruptcy For The Insurance Professional  Oct 01, 2002 A. B. C. Commencement of a Bankruptcy Case. SELECTED BANKRUPTCY FUNDAMENTALS. Wiley Rein & Fielding: D&O Insurance Issues In Bankruptcy  Oct 01, 2002 DRANCE ISSUES IN BANKRUPTCY by Daniel J. Standish and H. Jason Gold TABLE OF CONTENTS Page THE IMPACT OF ENTITY COVERAGE IN THE BANKRUPTCY CONTEXT. DCIES ANDPROCEEDS OF POLICIES AS PROPERTY OF THE BANKRUPTCY ESTATE Pepper Hamilton: The Discharge of Environmental Claims in Bankruptcy  Oct 01, 2002 Kirkland & Ellis: Assignability of Intellectual Property Licenses in Bank...  Oct 01, 2002 Coudert Brothers: PG&E's Bankruptcy Plan Advances  Sep 12, 2002 Language : English -- Articles Newsletters Advanced PGnkruptcy Plan Advances:: 9/12/2002 : The Deal:: By Edward B. Lozowicki Edward Lozowicki, a Coudert Brothers partner in Palo Alto, CA, talked to the Daily Deal about the progress made in the PG&E's bankruptcy plans. Please click here: (Click Here ) to read the article Kilpatrick Stockton: Will Energy Costs Rise As a Result Of Enron's Bank...  Sep 03, 2002 Chadbourne & Parke: Insurance Proceeds in Bankruptcy  Sep 01, 2002 ...by Bankruptcy Code Section 541. 1 In essence, all economic rights the debtor holds at the commencement of the bankruptcy become property of the estate under Section 541 Foley Lardner: Fraudulent Transfers Under the Bankruptcy Code (PDF)  Aug 01, 2002 Fraudulent transfers under the bankruptcy code. It is tempting for a debtor to transfer assets to a relative or friend on the eve of bankruptcy in exchange for little or no consideration in the hope of frustrating creditors' attempts to reach those assets Clifford Chance:  Attorney Fees: Reimbursement in Bankruptcy  Jul 01, 2002 Attorney Fees: Reimbursement in Bankruptcy. However, if the debtor files bankruptcy, even the most tightly written attorney fee clauses must survive the hurdles and scrutiny of Bankruptcy Code § 506(b) McGlinchey Stafford: Retirement Angst (corporate bankruptcy)  Jun 01, 2002 Winstead: Deciding When To Take the Bankruptcy Step  Apr 08, 2002 Shelby Murphy Special To The Austin Business Journal One lesson learned from the years of "irrational exuberance" -- even with millions of dollars pumped into a new business, it can still end in a bankruptcy court. When a business owner starts devising delaying tactics for creditors and suppliers because there just isn't enough money to go around and nights are spent replaying a business history littered with "if onlys," experts say it may be time to consider bankruptcy Adams Kleemeier: HELP! My Customer Just Filed Bankruptcy  Apr 01, 2002 My Customer Just Filed Bankruptcy By Christine L. Myatt cmyatt@adamskleemeier. com Your customer calls to say, We ve just filed bankruptcy Greenberg Traurig: Preventative Financial Planning - And Staying Out of Ba...  Apr 01, 2002 Preventative Financial Planning - And Staying Out of Bankruptcy Court Home > Publications > Articles Preventative Financial Planning - And Staying Out of Bankruptcy Court By David Minkin From Competitive Edge, March/April 2002, Banking and Financial Strategies Issue It's been a tough 12 months for businesses of all sizes, in all sectors. A stalled economy, the September terrorist attacks and a continued high-tech shakeout have all conspired to drive bankruptcy filings to record highs among both Akin Gump: Protecting Against Bankruptcy of an ASP  Mar 01, 2002 C ustomers of an application service provider (ASP) can be at great risk when the ASP enters bankruptcy. is because ASPs (and their bankruptcy trustees) typically have the ability to reject technology license agreements as executory contracts, jeopardizing a licensee's use of a licensed technology or process that may be crucial for its business Dechert: Bankruptcy Law: What Duty Is Owed in Vicinity of Insol...  Feb 19, 2002 Dechert LLP : Events cations changeTitle(" : Lawyer Publications"); Events & Publications: Lawyer Publications changeTitle(" : Bankruptcy Law: What Duty Is Owed in Vicinity of Insolvency?"); Bankruptcy Law: What Duty Is Owed in Vicinity of Insolvency. by Stephen Gordon, Glenn E. Siegel, Eric O'MalleyNew York Law JournalFebruary 19, 2002 View publication: Bankruptcy Law: What Duty Is Owed in Vicinity of Insolvency White & Case: Nations Need Bankruptcy Process  Feb 01, 2002 His practice includes litigation relating to sovereign immunity, sovereign debt restructurings, and bankruptcy. Rather than an IMF tribunal, a promising alternative would be to allow distressed debtor nations access to the U.S. and English bankruptcy systems Allen & Overy: Liquidation vs. Bankruptcy - Jan 2002  Jan 01, 2002 Dechert: Bankruptcy Code 304: Cases Ancillary to Foreign Procee...  Jan 01, 2002 Dechert LLP : Events cations changeTitle(" : Lawyer Publications"); Events & Publications: Lawyer Publications changeTitle(" : Bankruptcy Code 304: Cases Ancillary to Foreign Proceedings"); Bankruptcy Code 304: Cases Ancillary to Foreign Proceedings by Henry P. Baer, Jr., Joel H. Levitin Presented at the National CLE ConferenceJanuary 2002 View publication: Bankruptcy Code 304: Cases Ancillary to Foreign Proceedings More on: Bankruptcy/Corporate Recovery and Insolvency. 2004 Dechert Kirkland & Ellis: Plans May Go Awry If Providers Enter Bankruptcy  Dec 03, 2001 Thompson & Knight: 11/30/2001 - Significant Issues in Oil & Gas Bankruptcy...  Nov 30, 2001 Bell: The Subordination of Bankruptcy Claims  Nov 01, 2001 David F. Heroy is a corporate lawyer and chair of Bell, Boyd & Lloyd LLC s Bankruptcy and Restructuring Department. He has handled related litigation in bankruptcy, district and appellate courts across the country O'Melveny & Myers: Executive Brief - Bankruptcy - October 2001 (PDF)  Oct 01, 2001 Bankruptcy May Facilitate a Sale for Troubled Start-ups. Many troubled companies looking for buyers fear a bankruptcy and try to put it off Harris Beach: Recovery of Preferential Transfers in Bankruptcy  Aug 20, 2001 The financially distressed company, the debtor, subsequently files for relief under the Bankruptcy Code. The debtor or the trustee appointed in the debtor's bankruptcy sues the supplier even though no wrong has been committed Weil: The Expanding Reach Of the Postconfirmation Jurisdictio...  Aug 01, 2001 Replace Font Tag Bankruptcy Bulletin The Expanding Reach Of the Postconfirmation Jurisdiction Of the Bankruptcy Court August 2001 Download Newsletter By John J. Rapisardi and Timothy Graulich An interesting issue exists within the universe of bankruptcy jurisprudence: Exactly how far does the jurisdiction of the bankruptcy court extend after a chapter 11 plan of reorganization has been confirmed. The debtor may view litigation in the bankruptcy court as a wise litigation strategy Goodwin Procter: Landlords? Rights in Bankruptcy  Jun 01, 2001 Landlords' Rights in Bankruptcy. Even one tenant bankruptcy, however, creates a problem for the landlord Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors  May 01, 2001 Show=4','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('showarea. asp Dechert: Bankruptcy Remote Structuring  Apr 01, 2001 Kirkland & Ellis: Acquiring a Troubled Business in Bankruptcy or Outside ...  Feb 08, 2001 Dechert: The Griffin Trading Case: A Challenge to the CFTC'...  Jan 27, 2001 Dechert LLP : Events cations changeTitle(" : Lawyer Publications"); Events & Publications: Lawyer Publications changeTitle(" : The Griffin Trading Case: A Challenge to the CFTC's Bankruptcy Regime"); The Griffin Trading Case: A Challenge to the CFTC's Bankruptcy Regime by Susan C. Ervin Presented at the American Bar Association Section of Business Law Committee on Regulation of Futures and Derivatives Instruments': 2000 Annual Winter MeetingJanuary 25-27, 2001 View publication: The Griffin Hale and Dorr: Privacy Lessons from Bankruptcy Cases  Nov 08, 2000 ...com in Texas, attempts were made to obtain bankruptcy court approval for the sale of customer information - including names, addresses, buying preferences and URL names - to the highest bidder, even though the companies' published privacy policies prohibited any disclosure of the information to third parties. The Disputes In late June 2000, Toysmart asked for bankruptcy court approval to sell various assets, including its customer information Hale Dorr: Privacy Lessons from Bankruptcy Cases  Nov 01, 2000 Weil: Unborn Child''s Claims Survived Bankruptcy  Sep 01, 2000 Replace Font Tag Bankruptcy Bulletin Unborn Child's Claims Survived Bankruptcy September 2000 By Gary D. Ticoll In Jones v. Chemetron Corporation, the United States Court of Appeals for the Third Circuit held that the potential claim of an unborn child, not represented in bankruptcy proceedings, is not discharged by a confirmation order. Bankruptcy Discharge and the Bar Date One of the primary goals of the Bankruptcy Code is to afford a debtor a fresh start after emerging from bankruptcy Strasburger: Bankruptcy Reform in Mexico  Aug 01, 2000 Drafters of the new law recognized and eliminated loopholes contained in the former Mexican bankruptcy law that permitted debtors to indefinitely evade creditor obligations. A primary purpose of the new law is to provide creditors with greater security and transparency in the bankruptcy process, thereby enhancing the general market for credit in Mexico and promoting commercial development within Mexico Mayer Brown: Bankruptcy & Reorganization Newsletter  Jul 23, 2000 Mayer, Brown, Rowe LP - Bankruptcy anization Newsletter INDUSTRIES ICES | LAWYERS | OFFICES | NEWS | PUBLICATIONS | EVENTS | CAREERS | MYPAGE Login | New User October 1995Bankruptcy anization NewsletterMayer, Brown, Rowe LPContents * Oversecured Creditor Not Entitled to Quick Payment of Post-Petition Interest * Establishing Fraud Exception to Dischargeability of Debt * Secured Creditor Cannot be Surcharged for Cost of Goods Sold to Debtor in Possession * R.E. Rents Not Estate Property * Mayer Brown: Bankruptcy & Reorganization Newsletter  Jul 23, 2000 Mayer, Brown, Rowe LP - Bankruptcy anization Newsletter INDUSTRIES ICES | LAWYERS | OFFICES | NEWS | PUBLICATIONS | EVENTS | CAREERS | MYPAGE Login | New User March 1995Bankruptcy anization NewsletterMayer, Brown, Rowe LPBanks Reevaluate Practice of Honoring Chapter 11 Debtor's Post-Petition Overdrafts A recent bankruptcy court decision is likely to cause banks to reevaluate their handling of checking accounts maintained by a Chapter 11 debtor. At a minimum the case teaches that lenders should Brown Raysman: Bankruptcy Implications of Troubled Dot-Coms  May 18, 2000 ...com, Inc.[ii] suggests that the next wave of bankruptcy filings may include a healthy slice of the ìnew economy. î[iii] To date, there have been relatively few filings for bankruptcy protection by dot-com companies Piper Rudnick: FranCast: Salvaging a Troubled Franchisee - Non-Bankrup...  Apr 01, 2000 Bell: Current Developments in Intellectual Property Issues in...  Mar 01, 2000 Intellectual Property Issues in Bankruptcy LAW RESOURCE SERIES First presented at the Practicing Law Institute, 22nd Annual Current Developments in Bankruptcy Reorganization, March 2000. Current Developments in Intellectual Property Issues in Bankruptcy THE AUTHORS. Bell: Current Developments Regarding the Bankruptcy Reform Ac...  Mar 01, 2000 The Bankruptcy Reform Act of 1999-2000 LAW RESOURCE SERIES First presented at the Practicing Law Institute, 22nd Annual Current Developments in Bankruptcy Reorganization, March 2000. Current Developments Regarding the Bankruptcy Reform Act of 1999-2000 THE AUTHOR. Weil: Senate Passes Bankruptcy Reform Bill  Feb 01, 2000 Given the wide majorities that passed the bankruptcy reform bills in the Senate and House, the administration will have limited ability to obtain changes in the legislation while it is in the Conference Committee. If enacted, the Bankruptcy Reform Act will bring about substantial changes to the Bankruptcy Code, affecting both the business and consumer provisions of the Code Ice Miller: Student Loans in Bankruptcy  Jan 01, 2000 Weil: Bankruptcy Reform Legislation: The Battle Continues  Dec 01, 1999 The partisan battles that impeded legislative accomplishments in general also permeated debate on bankruptcy reform and prevented enactment of legislation. Although each house of Congress produced a bankruptcy reform bill for the second successive year, there were significant differences, not only between the two houses of Congress, but, particularly in the Senate, between supporters and opponents of the Senate s draft bill Pillsbury Winthrop: Protecting Your Rights To Intellectual Property In Bank...  Dec 01, 1999 Pillsbury Winthrop LLP | Resources | Legal Developments | Protecting Your Rights To Intellectual Property In Bankruptcy var blnPositionHighlights = true var blnIsLoaded = false var intDescCount = 1 var intDescTimeout function change(id, newSrc) { var theImage = FWFindImage(document, id, 0); if (theImage) { theImage. The United States bankruptcy laws affect intellectual property rights, particularly the rights of secured creditors and licensees Weil: Defining the Meaning of "Claim" Under the Ban...  Nov 01, 1999 Replace Font Tag Bankruptcy Bulletin Defining the Meaning of "Claim" Under the Bankruptcy Code November 1999 By John J. Rapisardi and Benjamin S. Lee The United States Court of Appeals for the Third Circuit in In re Ben Franklin Hotels recently confronted the question of whether an equitable demand for reinstatement of an interest in a debtor-partnership constitutes a claim within the meaning of the Bankruptcy Code. Affirming the conclusions (though not the reasoning) of both the bankruptcy Adams Kleemeier: Oh! What A Tangled Web The Bankruptcy Code Weaves  Oct 01, 1999 What a Tangled Web the Bankruptcy Code Weaves Publication Fall 1999 Oh. What a Tangled Web the Bankruptcy Code Weaves by Christine L. Myatt cmyatt@AdamsKleemeier Kirkland & Ellis: Sports Franchises and Bankruptcy Law  Mar 19, 1999 Dickstein Shapiro: D&O Insurance During Bankruptcy  Mar 01, 1999 Drance During Bankruptcy. Bankruptcy-it is the moment of corporate crisis when directors most urgently need the protection of a sound Drance policy Chadbourne & Parke: Purchasing Assets in Bankruptcy: Avoiding Successor Li...  Mar 01, 1999 Purchasing Assets in Bankruptcy:Avoiding Successor Liability //tmtC_cssOnBrowser tmt_css_NN = "../chad_nn.css"; tmt_css_IE = "../chad.css"; if(document. print() } Print This Page Purchasing Assets in Bankruptcy: Avoiding Successor Liability March 1999 I. What is Successor Liability Chadbourne & Parke: Law on Bankruptcy of Credit Organizations  Jan 01, 1999 Bankruptcy Moscow Practice Legislation Update Bulletin //tmtC_cssOnBrowser tmt_css_NN = "../chad_nn.css"; tmt_css_IE = "../chad.css"; if(document. Senators believe that adoption of this law will help to eliminate problems surrounding bankruptcy of banks and other credit organizations Weil: Bankruptcy Remote Provisions May Not Be Infallible  Dec 01, 1998 In In re Kingston Square Associates, the United States Bankruptcy Court for the Southern District of New York was asked by the debtors mortgage lenders to dismiss a group of related chapter 11 cases on the ground that they had been filed in bad faith. The bankruptcy court concluded that the cases should not be dismissed on bad faith grounds even though the debtors had orchestrated the filing of involuntary bankruptcy petitions against themselves to circumvent bankruptcy remote provisions Pillsbury Winthrop: Buying And Selling Claims In Bankruptcy: Maximizing Ret...  Dec 01, 1998 Pillsbury Winthrop LLP | Resources | Legal Developments | Buying And Selling Claims In Bankruptcy: Maximizing Returns var blnPositionHighlights = true var blnIsLoaded = false var intDescCount = 1 var intDescTimeout function change(id, newSrc) { var theImage = FWFindImage(document, id, 0); if (theImage) { theImage. detected=1; break; } } } else { for (i = 0; i 4) { // handle netscape 6 and above for (var i = 0; i -- -- Legal Developments Corporate ReformMadrid Protocol Upcoming Events PW Weil: Current Legislation To Amend the Bankruptcy Code  Sep 01, 1998 Currently, there are several legislative initiatives pending before Congress that are likely to result in significant changes to the Bankruptcy Code. On June 10, 1998, the United States House of Representatives passed H. R. 3150 (the House Act or the Act ), which focuses on consumer bankruptcy provisions but covers a broad spectrum of topics Morgan Lewis: The "Disinterestedness" Standard in Bankruptc...  Aug 30, 1998 THE "DISINTERESTEDNESS" STANDARD IN BANKRUPTCY CASES. THIRD ANNUAL BANKRUPTCY INSTITUTE AUGUST 31, 1998 PHILADELPHIA, PA Prepared by Michael A. Bloom Michael Migliaccio1 Morgan Lewis: Indonesian Bankruptcy Law Protects Creditors  Apr 01, 1998 Weil: Landlord''s Damage Claims Against Guarantors ...  Feb 01, 1998 Replace Font Tag Bankruptcy Bulletin Landlord s Damage Claims Against Guarantors in Bankruptcy February 1998 By John J. Rapisardi An important issue for guarantors of real property leases who file chapter 11 is whether, and to what extent, they will be held liable for damage claims resulting from the termination of the guaranteed lease. While the Bankruptcy Code limits, or caps, the amount of damages a lessor may recover under a terminated lease, there is no specific language in the pertinent Faegre & Benson: Bankruptcy in Canada  Nov 01, 1997 Morgan Lewis: Handling Workouts and Bankruptcy Matters  Nov 01, 1997 Faegre & Benson: Residential Lien-Stripping In Chapter 13 Bankruptcy  Oct 01, 1997 Adams Kleemeier: Bankruptcy and the Secured Creditor  Jun 18, 1997 In North Carolina we have seen Brendle's, Piece Goods and Roses Department Stores file for bankruptcy protection. From 1984 to 1991, the bankruptcy filings throughout North Carolina reflected a 40% increase Adams Kleemeier: Successor Liability Under State Law and the Bankruptcy ...  Jun 18, 1997 Adams Kleemeier Hagan & Hannah PLLC - Articles - Successor Liability Under State Law and the Bankruptcy Code Publication Successor Liability Under State Law and the Bankruptcy Code by Christine L. Myatt Adams Kleemeier Hagan & Hannah PLLC cmyatt@adamskleemeier. This uncertainty exists in nonbankruptcy sales such as bulk transfers, receivership and foreclosure/ UCC Article 9 sales as well as in bankruptcy sales under ºº 363 and 1129 Morgan Lewis: Federal Jurisdiction in Bankruptcy: Home or Away  May 05, 1995 Hale Dorr: Bankruptcy Reform Act of 1994  Jun 01, 1994 Morgan Lewis: The Role of State Court Receivers in Bankruptcy Cases  Jan 13, 1994 Morgan Lewis: The Effect of a Bankruptcy Filing Upon Environmental Pr...  Oct 31, 1993 Morgan Lewis: Money and Bankruptcy: Permissible Cash Investments  Jan 01, 1993 Morgan Lewis: Bankruptcy and Employee Benefits  Dec 10, 1991 Morgan Lewis: Bankruptcy Courts are Mired in the ERISA Quicksand  May 06, 1991 Morgan Lewis: Resolving Federal Tax Issues In Bankruptcy  Apr 29, 1991 Morgan Lewis: U.S. Bankruptcy Court S.D.N.Y. LTV Decision  Mar 01, 1990 HRO Bankruptcy Newsletter - October   Holme Roberts & Owen, LLP function Go(){ return } Site Search: News Letters HRO Bankruptcy Newsletter Download Adobe Acrobat PDF Privacy Policy function disclaimerPopUp(pageref) { var popupref = window. open("","disclaimer","scrollbars=yes,width=500,height=350,resizable=no,toolbar=yes,location=no,directories=no,status=no,menubar=yes"); popupref In a Bankruptcy   Daily Bankruptcy News 03/14/03   Legislators Try to Curb Bankruptcy Abuse   In Some Bankruptcy Cases   That tenant has just sought protection under Chapter 11 of the Bankruptcy Code and filed a motion to assume the lease on the top floor and reject the leases for the other space. Most landlords and their management companies understand that debtors and trustees in bankruptcy have the power to decide whether to assume a lease and continue as a tenant or to reject the lease and terminate the rights and obligations under it Fifth Circuit Delineates Boundaries of FERC   Although arising within the confines of a bankruptcy action, the Mirant decision does address broader issues involving FERC’s jurisdiction over breaches of wholesale energy contracts. In July 2003, Mirant filed for Chapter 11 bankruptcy, and as part of that proceeding, filed a motion to reject the Back-to-Back Agreement Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Borrower's Bankruptcy Defeats Default Interest Search: Advanced Search Borrower's Bankruptcy Defeats Default Interest by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. A recent case in California shows how a borrower can use the Bankruptcy Code to avoid $1 million in default interest Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Use Restriction Rejected In Tenant's Bankruptcy Search: Advanced Search Use Restriction Rejected In Tenant's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. Many of these landlords may not be aware of how frequently bankruptcy courts disregard these carefully negotiated provisions Brown McCarroll: Bankruptcy: Part One   ...a general overview of the laws governing bankruptcy; 2. the various types of bankruptcy filings; 3 Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors   Show=4','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('showarea. asp Carlton Fields: Chapter 11 Bankruptcy   Carlton Fields: Collier Bankruptcy Practice Guide   Carlton Fields: After the Bubble's Burst: Bankruptcy in the High T...   Carlton Fields - Publication Detail Publication Detail After the Bubble's Burst: Bankruptcy in the High Tech WorldPresented at Information Technology Law Conference, 2002Robert A. SorianoRelated Practices Bankruptcy and Creditors' Rights Practice Intellectual Property and Technology Practice Copyright ©2004 by Carlton Fields Curtis Mallet-Prevost: From the Grab Rule to Uniformity: International Bankrup...   Curtis, Mallet-Prevost, Colt LLP - international bankruptcy law - attorneys, insolvency if (document. write(''); } //-- Newsletters Articles August 1998 FROM THE GRAB RULE TO UNIFORMITY: INTERNATIONAL BANKRUPTCY LAW By: Greg Zipes New York Somewhat surprisingly, the inter-national community has yet to establish binding, uniform protocols for dealing with insolvencies of multinational companies Day: Potential for Avoidance of Substitutions and Repurchase...   Days: Possible Recharacterization Of Lender Claims In Bankrup...   ...src =eval(imgName + ".src"); } } //-- "); } else { document.write(""); } // -- --- DBts Possible Recharacterization Of Lender Claims In Bankruptcy Monday, August 19th 2002 Related Practice Areas: Bankruptcy Related Attorneys: Daniel J. Carragher, Thomas D. Goldberg, James J. Tancredi, Thomas R. Wildman PDF document:news.3254.pdf (91127 bytes) Click on the link above to view the Alert. New Search About the Firm | Practice Areas | Attorneys | Offices | Events | Newsstand Career Center | Contact Us Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in The Daily Deal   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregor Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. Instead, they "rubber stamped" because they have the same fiduciary obligations and the shareholder's conduct, essentially giving their duties to the company's creditors ­ especially after the approval of undeserved salaries to the shareholder's company sought bankruptcy protection Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. arisingpropertythe lease during the time period between lthough a landlord of non-residential real is entitled to payment of obligations the commencement of a debtor-tenant's bankruptcy case and the date the lease is either assumed or rejected by the debtor-tenant, the magnitude of the recovery depends on the date - or timing - of rejection and on the jurisdiction in which the Palmer & Dodge: Portfolio companies face unique bankruptcy concerns   Poyner and Spruill: Bankruptcy Law and the Construction Site   Filing of Mechanic's Liens and Defense to Preference Actions As you are probably aware, once a bankruptcy is filed a trustee will probably attempt to recover certain payments made by the bankrupt debtor within ninety (90) days of the bankruptcy filing as preferential payments. Therefore, if you have received payment from an owner or contractor who files bankruptcy within 90 days of the payment, you may be required to turn the payment over to a bankruptcy trustee Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Reed Smith: The Enterprise Act 2002 : Changes in Bankruptcy Law   Archive Corporate Restructuring and Bankruptcy Click here to set up a personal favorites list, download resources and subscribe to our daily industry email news. Disclaimer | Privacy Policy | Feedback | Site Map | Site Credits Riker Danzig: 1/95 Bankruptcy Code Amendments   The Act amended and added many provisions to the Bankruptcy Code which affect commercial lending. e., the filing of continuation statements and financing statements) will not violate the automatic stay of the Bankruptcy Code Venable: "Asbestos Litigation: A Bankruptcy Dilemma"   ...xable LLP Home Publications Articles Printer Friendly Version ARTICLES Asbestos Litigation: A Bankruptcy Dilemma By Bruce R. Parker April 1, 1983 View As PDF Top About Venable | Attorneys | Practice Areas | News and EventsPublications | Recruiting | Contact Us | Client Login | SitemapVenable Copyright 2004. Disclaimer and Legal Notices Weil: Jurisdiction and Enforcement of the Bankruptcy Code   Several decisions issued during 2003 will have a major impact on the enforceability and enforcement of bankruptcy law. That issue is whether Congress s authority to make uniform laws on bankruptcy, granted in Article I of the U.S. Constitution, carries with it the power to abrogate the states sovereign immunity Weil: Index for the 2003 Bankruptcy Bulletin issues.   Replace Font Tag Bankruptcy Bulletin Index for the 2003 Bankruptcy Bulletin issues. December 2003 Download NewsletterThe index for The Bankruptcy Bulletin 2003 issues is available HERE in PDF format Weil: Polish Bankruptcy Law and Reform - Part I   The Bankruptcy Law is principally a liquidation statute, although there is some opportunity provided in the statute for the receiver to operate the business of a bankrupt and reorganize it through a plan of arrangement. A declaration of bankruptcy may occur when a company permanently ceases paying its debts or its assets are not sufficient to pay its debts Weil: Relationship between the Bankruptcy Code and Nonbankrup...   Replace Font Tag Bankruptcy Bulletin Relationship between the Bankruptcy Code and Nonbankruptcy Law January 2003 Download Newsletter Similar to the issues in the NextWave case (mentioned above), several other decisions reported during the past year concern the interplay between the Bankruptcy Code and nonbankruptcy law. Unlike NextWave, however, the nonbankruptcy law involved in each of the other decisions is state law, and the decisions demonstrate that the Bankruptcy Code preempts otherwise Weil: An Impasse Between Agency and Bankruptcy Jurisdiction   Relevant Bankruptcy Code and Federal Power Act Provisions Section 365 of the Bankruptcy Code broadly empowers debtors in possession, subject to bankruptcy court approval, to assume valuable executory contracts and reject burdensome ones. Rejection constitutes a breach of the subject contract, with any damages flowing from such breach becoming unsecured non-priority claims subject to the bankruptcy claims resolution process White & Case: Amendment to the Czech Bankruptcy Act (April 2000)   Amendment to Czech Bankruptcy Act For more information regarding this memo, please contact: Michal Dlouhy White & Case advokatni kancelar Staromestske namesti 15 110 00 Prague 1, Czech Republic Telephone: (420-2) 2481-1796 Facsimile: (420-2) 2481-0252 APRIL 2000 Amendment to Czech Bankruptcy Act This memorandum briefly summarizes the primary positive aspects and remaining limitations of the amendment to the Bankruptcy Act, as amended (Act No. 328/1991 Coll. Primary positive aspects Introduction White & Case: Slovak Republic Amends Bankruptcy Act (October 2000)   Slovak Republic Amends Bankruptcy Act For more information regarding this memo, please contact: Michal Dlouhy William Dzurilla White & Case Hlavne namestie 5 811 01 Bratislava, Slovak Republic Telephone: 421-7-5441-5100 Facsimile: 421-7-5441-6100 OCTOBER 2000 Slovak Republic Amends Bankruptcy Act On June 20, the Parliament of the Slovak Republic adopted an Amendment (the Amendment ) to the Slovak Bankruptcy Act. The purpose of the Amendment was to accelerate bankruptcy proceedings and to provide Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   The manual provides an overview of basic bankruptcy law for the telecom professional and basic communications law for the insolvency professional. It also examines the interrelationship and conflict between the Communication Act and the Bankruptcy Code Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   The manual provides an overview of basic bankruptcy law for the telecom professional and basic communications law for the insolvency professional. It also examines the interrelationship and conflict between the Communication Act and the Bankruptcy Code Wiley Rein & Fielding: The Bankruptcy Telecommunications Manual   Post-Petition Relationships: Adequate Assurance and Other Issues Section 366 of the Bankruptcy Code provides that a utility may not discriminate against, alter or discontinue service to a debtor solely on the basis of an unpaid pre-petition debt or the filing of a bankruptcy petition. The Bankruptcy Code does not, however, define what constitutes “adequate assurance of payment” to a utility nor does it define the term “utility.” In many telecommunications bankruptcies, a debtor long distance Wiley Rein & Fielding: A Refresher Course On Franchisee Bankruptcy   If the franchisor does not effectively terminate a franchise agreement before a franchisee’s bankruptcy filing, the agreement will become part of the bankruptcy estate. A franchise agreement that is operative at the time of the bankruptcy filing is known in bankruptcy parlance as an "executory contract." Overriding contractual provisions to the contrary, the Bankruptcy Code authorizes a debtor or bankruptcy trustee to assume (keep) and assign executory contracts Wiley Rein & Fielding: A Refresher Course on Franchisee Bankruptcy   If the franchisor does not effectively terminate a franchise agreement before a franchisee’s bankruptcy filing, the agreement will become part of the bankruptcy estate. A franchise agreement that is operative at the time of the bankruptcy filing is known in bankruptcy parlance as an "executory contract." Overriding contractual provisions to the contrary, the Bankruptcy Code authorizes a debtor or bankruptcy trustee to assume (keep) and assign executory contracts Wiley Rein & Fielding: How Bankruptcy Sales Really Work   The Bankruptcy Code facilitates asset sales in chapter 11 by offering incentives to buyers and flexibility in structuring and timing the sale. Ultimately, any asset sale must be approved by the bankruptcy court after notice and opportunity for a hearing Wiley Rein & Fielding: ?Bankruptcy Telecommunications Manual? Now Available   WRF - Articles - “Bankruptcy Telecommunications Manual” Now Available if (document. src'); } } Search GO “Bankruptcy Telecommunications Manual” Now AvailablePrivacy In Focus, June 2003 Wiley Rein & Fielding LLP Authored Manual Published by American Bankruptcy Institute The American Bankruptcy Institute (ABI) has just published the "Bankruptcy Telecommunications Manual" authored by Wiley Rein & Fielding attorneys H. Jason Gold, Valerie P. Morrison and Peter D. Shields, with contributions from Wiley Rein & Fielding: Directors & Officers Insurance Issues In Bankruptcy   WRF - Articles - Directors ers Insurance Issues In Bankruptcy if (document. src'); } } Search GO Directors ers Insurance Issues In BankruptcyBy: H. Jason Gold, Kimberly M. Melvin, Valerie P. MorrisonBankruptcy Protector, Summer 2003The ever growing number of public corporations that have filed for bankruptcy or reorganization, including failed high-tech companies and established corporations with household names, has led to the inevitable need to reconcile established principles of directors and Wiley Rein & Fielding: Proceeds of D&O Policies not Part of Bankruptcy Estate   WRF - Articles - Proceeds of Dcies not Part of Bankruptcy Estate if (document. src'); } } Search GO Proceeds of Dcies not Part of Bankruptcy EstateThe Executive Summary, May 2004 In an unreported decision, a federal district court in Ohio has lifted the automatic stay of the bankruptcy code to permit litigation to proceed against two former directors and officers of a bankrupt company Wiley Rein & Fielding: Associates Join WRF?s Expanding Bankruptcy Practice   WRF - Articles - Associates Join WRF’s Expanding Bankruptcy Practice if (document. src'); } } Search GO Associates Join WRF’s Expanding Bankruptcy Practice By: H. Jason GoldBankruptcy Protector Alert, September 1, 2004 Wiley Rein & Fielding is pleased to announce that Kalina B. Miller and Rebecca L. Saitta have joined the Bankruptcy & Financial Restructuring Practice Group as associates and will assist clients on a wide range of bankruptcy and insolvency matters Wiley Rein & Fielding: WorldCom Granted Extension to Emerge from Bankruptcy   The occurrence of the "effective date" in any case signals a debtor’s emergence from bankruptcy protection. However, despite already having over a year and a half since the bankruptcy filing to prepare certain audited financial statements, WorldCom was forced to seek the extension Wiley Rein & Fielding: Failure to Obtain Stay Renders Bankruptcy Appeal Moot   Under the Employee Retirement Income Security Act (ERISA), pension plans may be terminated in a bankruptcy case where the court finds that absent termination, the debtor will be unable to pay its debts pursuant to a plan of reorganization and will be unable to continue in business after the completion of the reorganization process. Following a contested hearing, the U.S. Bankruptcy Court for the Eastern District of Virginia granted a motion filed by US Airways for authority to terminate its Wiley Rein & Fielding: Validity Of Conseco Coverage Decision Challenged In Ban...   WRF - Articles - Validity Of Conseco Coverage Decision Challenged In Bankruptcy Proceeding if (document. src'); } } Search GO Validity Of Conseco Coverage Decision Challenged In Bankruptcy ProceedingThe Executive Summary, February 2003 Conseco has filed an adversary proceeding in its pending bankruptcy case in the U.S. Bankruptcy Court for the Northern District of Illinois, arguing that the continued litigation of an insurance coverage action filed by Conseco in Indiana state court and an order Towards an Effective Indonesian Bankruptcy Law   Haynes Boone | KnowledgeConnect | Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation 3) { window. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars6/28/2001 - Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation AuthorsRobin E. PhelanEric TerryRelated Practice GroupsBusiness Reorganization/BankruptcyAmerican Bankruptcy Institute Hawaiian Bankruptcy Workshop in Maui, HawaiiThe following issues are addressed: Workouts   Bulletin 01-32   When a company files bankruptcy, however, the scene changes dramatically. In bankruptcy, disclosure is the general rule unless the owner of the confidential information takes affirmative protective action September 12   To Facilitate Reorganization   However, after enumerating the factors that comprise such unusual circumstances, the Sixth Circuit found that the record produced by the bankruptcy court did not support a finding of unusual circumstances, and it remanded the case for further factual findings by the district court. Nondebtor Releases and the Bankruptcy Code The Bankruptcy Code requires that a chapter 11 plan of reorganization must be accepted by prescribed majorities of claimholders in order to be confirmed by the bankruptcy : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Akin Gump: Automatic Stay of Bankruptcy May Be Annulled Under Cert...   BUSINESS BANKRUPTCY ALERT. SEPTEMBER5, 2001 AUTOMATIC STAY OF BANKRUPTCY MAY BE ANNULLED UNDER CERTAIN CIRCUMSTANCES One of the primary benefits for a debtor in bankruptcy is the automatic stay Akin Gump: Recent Bankruptcy Court Decision Allows Debtor to Avoid...   BUSINESS BANKRUPTCY ALERT. APRIL 24, 2001 RECENT BANKRUPTCY COURT DECISION ALLOWS DEBTOR TO AVOID PAYMENT OF DEFAULT INTEREST The Bankruptcy Code permits a debtor to cure prepetition defaults pursuant to a confirmed plan of reorganization and avoid the consequences of that default Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Borrower's Bankruptcy Defeats Default Interest Search: Advanced Search Borrower's Bankruptcy Defeats Default Interest by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. A recent case in California shows how a borrower can use the Bankruptcy Code to avoid $1 million in default interest Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Use Restriction Rejected In Tenant's Bankruptcy Search: Advanced Search Use Restriction Rejected In Tenant's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. Many of these landlords may not be aware of how frequently bankruptcy courts disregard these carefully negotiated provisions Blank Rome: Limited Liability Company Doesn't Protect Its Prop...   Limited Liability Company Doesn't Protect Its Property Against Member's Bankruptcy Search: Advanced Search Limited Liability Company Doesn't Protect Its Property Against Member's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. April 4, 2003), held that when the sole member of an LLC goes into bankruptcy, the bankruptcy trustee then Buchalter Nemer: Two New Bankruptcy Decisions Affect Restaurant and Moto...   Two New Bankruptcy Decisions Affect Restaurant and Motor Vehicle Lending Markets var fscontrolTP = new Object(); fscontrolTP.site_pn=location. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION Two New Bankruptcy Decisions Affect Restaurant and Motor Vehicle Lending Markets Matthew W. Kavanaugh, ShareholderLender Alert, April 2000 Two recent opinions rendered in bankruptcy cases may affect lenders who finance restaurants and motor vehicles Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors   Show=4','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('showarea. asp Carlton Fields: Chapter 11 Bankruptcy   Carlton Fields: Collier Bankruptcy Practice Guide   Carlton Fields: After the Bubble's Burst: Bankruptcy in the High T...   Carlton Fields - Publication Detail Publication Detail After the Bubble's Burst: Bankruptcy in the High Tech WorldPresented at Information Technology Law Conference, 2002Robert A. SorianoRelated Practices Bankruptcy and Creditors' Rights Practice Intellectual Property and Technology Practice Copyright ©2004 by Carlton Fields Cooley Godward: Dealing with a Financially Troubled Customer: How To Pr...   Cooley Godward LLP | News cations | In The News | Dealing with a Financially Troubled Customer: How To Protect Yourself From Bankruptcy's Preference Laws Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 07 Dec 2004Dealing with a Financially Troubled Customer: How To Protect Yourself From Bankruptcy's Preference LawsThe Customer In Trouble: A Familiar ProblemAll of us have had to deal with a past due account caused by a Day: Potential for Avoidance of Substitutions and Repurchase...   Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Fried Frank: Internal Revenue Service Clarifies Treatment of Golden ...   Internal Revenue Service Clarifies Treatment of Golden Parachute Rules in Bankruptcy. On July 19, 2004, the Internal Revenue Service issued Revenue Ruling 2004-87, providing guidance on the application of the golden parachute rules of Section 280G of the Internal Revenue Code to companies that have filed voluntary petitions for relief under the Bankruptcy Code Howard Rice: Solving Uncertainties Raised by D&O 'Entity Covera...   SOLVING UNCERTAINTIES RAISED BY DITY COVERAGE" AND BANKRUPTCYBy Sarah A. GoodSome dot-coms presently face the specter of filing for bankruptcy or liquidating their assets. Those that file for bankruptcy likely will be unable to honor their obligations to indemnify their officers and directors from liabilities. Those officers and directors will rely upon existing Dcies to protect them from potential liabilities, such as shareholder litigation. However, the presence of "Insuring Clause C" or Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in The Daily Deal   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregor Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Presents Seminar at the E...   Dallas Bankruptcy Shareholder Presents Seminar at the Executive Enterprise Institute Lynnette Warman, a Shareholder in the Dallas Bankruptcy group, presented a seminar on commercial loan workouts at the Executive Enterprise Institute held May 21-22 in New York city. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Lynnette Warman Quoted in...   Dallas Bankruptcy Shareholder Lynnette Warman Quoted in Washington Post Ar Dallas Bankruptcy Shareholder Lynnette Warman is quoted in a January 20 Washington Post article titled, "Customers Near End of the Line in Bankruptcies." The article, which appeared in the paper's "The Color of Money" column, describes the difficulties customers can face when failing retailers close their doors before delivering merchandise that has already been paid for. Back to Top | News & Information Seminars & Events Jenkens & Gilchrist: NY Bankruptcy Shareholder Mitchel Perkiel Quoted in Cra...   NY Bankruptcy Shareholder Mitchel Perkiel Quoted in Crain's New York Business Mitchel Perkiel, a NY Bankruptcy Shareholder, was quoted in the March 14th issue of Crain's New York Business. In the article entitled, "Going, Going, Gone...Bankruptcies soar among entrepreneurs from retailers to restaurants as recession, creditors cause implosions; some can't even muster formal filings," Mr. Perkiel comments on the sharp increase of bankruptcy filings in all types of industries Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles PUBLISHED ARTICLES PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Reed Smith: The Enterprise Act 2002 : Changes in Bankruptcy Law   Archive Corporate Restructuring and Bankruptcy Click here to set up a personal favorites list, download resources and subscribe to our daily industry email news. Disclaimer | Privacy Policy | Feedback | Site Map | Site Credits Venable: "Asbestos Litigation: A Bankruptcy Dilemma"   ...xable LLP Home Publications Articles Printer Friendly Version ARTICLES Asbestos Litigation: A Bankruptcy Dilemma By Bruce R. Parker April 1, 1983 View As PDF Top About Venable | Attorneys | Practice Areas | News and EventsPublications | Recruiting | Contact Us | Client Login | SitemapVenable Copyright 2004. Disclaimer and Legal Notices Weil: Jurisdiction and Enforcement of the Bankruptcy Code   Several decisions issued during 2003 will have a major impact on the enforceability and enforcement of bankruptcy law. That issue is whether Congress s authority to make uniform laws on bankruptcy, granted in Article I of the U.S. Constitution, carries with it the power to abrogate the states sovereign immunity Weil: Index for the 2003 Bankruptcy Bulletin issues.   Replace Font Tag Bankruptcy Bulletin Index for the 2003 Bankruptcy Bulletin issues. December 2003 Download NewsletterThe index for The Bankruptcy Bulletin 2003 issues is available HERE in PDF format Weil: Polish Bankruptcy Law and Reform - Part I   The Bankruptcy Law is principally a liquidation statute, although there is some opportunity provided in the statute for the receiver to operate the business of a bankrupt and reorganize it through a plan of arrangement. A declaration of bankruptcy may occur when a company permanently ceases paying its debts or its assets are not sufficient to pay its debts Weil: Relationship between the Bankruptcy Code and Nonbankrup...   Replace Font Tag Bankruptcy Bulletin Relationship between the Bankruptcy Code and Nonbankruptcy Law January 2003 Download Newsletter Similar to the issues in the NextWave case (mentioned above), several other decisions reported during the past year concern the interplay between the Bankruptcy Code and nonbankruptcy law. Unlike NextWave, however, the nonbankruptcy law involved in each of the other decisions is state law, and the decisions demonstrate that the Bankruptcy Code preempts otherwise Weil: An Impasse Between Agency and Bankruptcy Jurisdiction   Relevant Bankruptcy Code and Federal Power Act Provisions Section 365 of the Bankruptcy Code broadly empowers debtors in possession, subject to bankruptcy court approval, to assume valuable executory contracts and reject burdensome ones. Rejection constitutes a breach of the subject contract, with any damages flowing from such breach becoming unsecured non-priority claims subject to the bankruptcy claims resolution process Weil: Hungary: Bankruptcy Act Amendments - More Good News for...   Replace Font Tag Central & Eastern European Property & Finance Report Hungary: Bankruptcy Act Amendments - More Good News for Lenders Spring 2001 Effective September 1, 2001, recent amendments to the Hungarian Bankruptcy Act (the Bankruptcy Act ) will dramatically improve a secured lender s position in liquidation proceedings in Hungary. Payment of Secured Claims Under the present version of the Bankruptcy Act, all proceeds of the liquidation are collected into a common fund, and the claims of Weil: Bankruptcy Court May Authorize A Retroactive Rejection ...   Replace Font Tag Bankruptcy Bulletin Bankruptcy Court May Authorize A Retroactive Rejection Date For Executory Contract February 2003 Download Newsletter By Michele J. Meises In BP Energy Company v. Bethlehem Steel Corporation (In re Bethlehem Steel Corporation), the United States District Court for the Southern District of New York held that the bankruptcy court may, as a matter of law, use its equitable powers to authorize a retroactive date of rejection for an executory contract and that the Weil: Applicability of Bankruptcy Code Antimodification Provi...   Replace Font Tag Bankruptcy Bulletin Applicability of Bankruptcy Code Antimodification Provision Is Evaluated On a Case-by-Case Basis October 2003 Download Newsletter Jessica L. Fink The question of whether a mortgage on a multi-unit residence can be stripped down under chapter 13 continues to confront the courts. Treatment of Mortgages on Residential Property under the Bankruptcy Code Under the Bankruptcy Code, the rights of holders of secured claims may be modified to reduce the amount of a Weil: Eligibility of Petitioning Creditors Determines Subject...   Replace Font Tag Bankruptcy Bulletin Eligibility of Petitioning Creditors Determines Subject Matter Jurisdiction in Involuntary Bankruptcy Filing August 2003 Download NewsletterBy Jacqueline B. Stuart The United States Court of Appeals for the Second Circuit has held that, because it is a threshold determination whether an alleged debtor in an involuntary bankruptcy case is properly before the bankruptcy court, a petitioning creditor must demonstrate at the outset that its claims are not subject Weil: Supreme Court Rules Bankruptcy Code Prohibits FCC from ...   Replace Font Tag Bankruptcy Bulletin Supreme Court Rules Bankruptcy Code Prohibits FCC from Canceling Licenses February 2003 Download Newsletter By Jacqueline B. Stuart The United States Supreme Court ruled on January 27, 2003 that Bankruptcy Code section 525, the anti-discrimination provision, prohibits the Federal Communications Commission ( FCC ) from revoking a debtor s licenses because of the debtor s failure to make timely payments for purchase of the licenses. The Bankruptcy Code s Weil: "Financial Accommodations" Exception To Execu...   Replace Font Tag Bankruptcy Bulletin "Financial Accommodations" Exception To Executory Contract Assumption Refined in UAL Bankruptcy July 2003 Download Newsletter By Richard A. Graham The relatively high exposure to chargeback and refund liability that merchant banks suffer on credit card sales of airline tickets provides them no grounds to deprive airline bankruptcy debtors of the right to assume the charge card processing agreements from which such liability flows, according to the United Weil: Solvent Debtor Cannot Avoid Paying Default Rate Interes...   Replace Font Tag Bankruptcy Bulletin Solvent Debtor Cannot Avoid Paying Default Rate Interest by Filing for Bankruptcy April 2004 Download NewsletterBy Andrew Kamensky The United States Bankruptcy Court for the Southern District of New York, in In re 139-141 Owners Corp., recently held that a solvent debtor who filed for bankruptcy solely to nullify an oversecured creditor s right to a default rate of interest could not use the Bankruptcy Code to deprive the creditor of its contractual rights. White & Case: Amendment to the Czech Bankruptcy Act (April 2000)   White & Case: Slovak Republic Amends Bankruptcy Act (October 2000)   Wiley Rein & Fielding: Asserting and Defending Aviation Related Claims in Bank...   WRF - Articles - Asserting and Defending Aviation Related Claims in Bankruptcy if (document. src'); } } Search GO Asserting and Defending Aviation Related Claims in BankruptcyBy: H. Jason Gold, Dylan G. TracheBankruptcy Protector, Winter 2004 A Brief Overview The aviation industry continues to be rocked by the bankruptcy filings of airlines large and small Towards an Effective Indonesian Bankruptcy Law   Haynes Boone | KnowledgeConnect | Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation 3) { window. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars6/28/2001 - Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation AuthorsRobin E. PhelanEric TerryRelated Practice GroupsBusiness Reorganization/BankruptcyAmerican Bankruptcy Institute Hawaiian Bankruptcy Workshop in Maui, HawaiiThe following issues are addressed: Workouts   Bulletin 01-32   September 12   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Akin Gump: Automatic Stay of Bankruptcy May Be Annulled Under Cert...   BUSINESS BANKRUPTCY ALERT. SEPTEMBER5, 2001 AUTOMATIC STAY OF BANKRUPTCY MAY BE ANNULLED UNDER CERTAIN CIRCUMSTANCES One of the primary benefits for a debtor in bankruptcy is the automatic stay Akin Gump: Recent Bankruptcy Court Decision Allows Debtor to Avoid...   BUSINESS BANKRUPTCY ALERT. APRIL 24, 2001 RECENT BANKRUPTCY COURT DECISION ALLOWS DEBTOR TO AVOID PAYMENT OF DEFAULT INTEREST The Bankruptcy Code permits a debtor to cure prepetition defaults pursuant to a confirmed plan of reorganization and avoid the consequences of that default Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Borrower's Bankruptcy Defeats Default Interest Search: Advanced Search Borrower's Bankruptcy Defeats Default Interest by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. A recent case in California shows how a borrower can use the Bankruptcy Code to avoid $1 million in default interest Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Use Restriction Rejected In Tenant's Bankruptcy Search: Advanced Search Use Restriction Rejected In Tenant's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. Many of these landlords may not be aware of how frequently bankruptcy courts disregard these carefully negotiated provisions Blank Rome: Limited Liability Company Doesn't Protect Its Prop...   Limited Liability Company Doesn't Protect Its Property Against Member's Bankruptcy Search: Advanced Search Limited Liability Company Doesn't Protect Its Property Against Member's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. April 4, 2003), held that when the sole member of an LLC goes into bankruptcy, the bankruptcy trustee then Buchalter Nemer: Two New Bankruptcy Decisions Affect Restaurant and Moto...   Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors   Show=4','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('showarea. asp Carlton Fields: Chapter 11 Bankruptcy   Carlton Fields: Collier Bankruptcy Practice Guide   Carlton Fields: After the Bubble's Burst: Bankruptcy in the High T...   Carlton Fields - Publication Detail Publication Detail After the Bubble's Burst: Bankruptcy in the High Tech WorldPresented at Information Technology Law Conference, 2002Robert A. SorianoRelated Practices Bankruptcy and Creditors' Rights Practice Intellectual Property and Technology Practice Copyright ©2004 by Carlton Fields Curtis Mallet-Prevost: From the Grab Rule to Uniformity: International Bankrup...   Curtis, Mallet-Prevost, Colt LLP - international bankruptcy law - attorneys, insolvency if (document. write(''); } //-- Newsletters Articles August 1998 FROM THE GRAB RULE TO UNIFORMITY: INTERNATIONAL BANKRUPTCY LAW By: Greg Zipes New York Somewhat surprisingly, the inter-national community has yet to establish binding, uniform protocols for dealing with insolvencies of multinational companies Day: Potential for Avoidance of Substitutions and Repurchase...   Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Fried Frank: Internal Revenue Service Clarifies Treatment of Golden ...   Internal Revenue Service Clarifies Treatment of Golden Parachute Rules in Bankruptcy. On July 19, 2004, the Internal Revenue Service issued Revenue Ruling 2004-87, providing guidance on the application of the golden parachute rules of Section 280G of the Internal Revenue Code to companies that have filed voluntary petitions for relief under the Bankruptcy Code Howard Rice: Solving Uncertainties Raised by D&O 'Entity Covera...   SOLVING UNCERTAINTIES RAISED BY DITY COVERAGE" AND BANKRUPTCYBy Sarah A. GoodSome dot-coms presently face the specter of filing for bankruptcy or liquidating their assets. Those that file for bankruptcy likely will be unable to honor their obligations to indemnify their officers and directors from liabilities. Those officers and directors will rely upon existing Dcies to protect them from potential liabilities, such as shareholder litigation. However, the presence of "Insuring Clause C" or Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregory Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Presents Seminar at the E...   Dallas Bankruptcy Shareholder Presents Seminar at the Executive Enterprise Institute Lynnette Warman, a Shareholder in the Dallas Bankruptcy group, presented a seminar on commercial loan workouts at the Executive Enterprise Institute held May 21-22 in New York city. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Lynnette Warman Quoted in...   Dallas Bankruptcy Shareholder Lynnette Warman Quoted in Washington Post Ar Dallas Bankruptcy Shareholder Lynnette Warman is quoted in a January 20 Washington Post article titled, "Customers Near End of the Line in Bankruptcies." The article, which appeared in the paper's "The Color of Money" column, describes the difficulties customers can face when failing retailers close their doors before delivering merchandise that has already been paid for. Back to Top | News & Information Seminars & Events Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. Instead, they "rubber stamped" because they have the same fiduciary obligations and the shareholder's conduct, essentially giving their duties to the company's creditors ­ especially after the approval of undeserved salaries to the shareholder's company sought bankruptcy protection Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. arisingpropertythe lease during the time period between lthough a landlord of non-residential real is entitled to payment of obligations the commencement of a debtor-tenant's bankruptcy case and the date the lease is either assumed or rejected by the debtor-tenant, the magnitude of the recovery depends on the date - or timing - of rejection and on the jurisdiction in which the Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   ...html Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Reed Smith: The Enterprise Act 2002 : Changes in Bankruptcy Law   Archive Corporate Restructuring and Bankruptcy Click here to set up a personal favorites list, download resources and subscribe to our daily industry email news. Disclaimer | Privacy Policy | Feedback | Site Map | Site Credits Venable: "Asbestos Litigation: A Bankruptcy Dilemma"   ...xable LLP Home Publications Articles Printer Friendly Version ARTICLES Asbestos Litigation: A Bankruptcy Dilemma By Bruce R. Parker April 1, 1983 View As PDF Top About Venable | Attorneys | Practice Areas | News and EventsPublications | Recruiting | Contact Us | Client Login | SitemapVenable Copyright 2004. Disclaimer and Legal Notices Weil: Jurisdiction and Enforcement of the Bankruptcy Code   Several decisions issued during 2003 will have a major impact on the enforceability and enforcement of bankruptcy law. That issue is whether Congress s authority to make uniform laws on bankruptcy, granted in Article I of the U.S. Constitution, carries with it the power to abrogate the states sovereign immunity Weil: Index for the 2003 Bankruptcy Bulletin issues.   Replace Font Tag Bankruptcy Bulletin Index for the 2003 Bankruptcy Bulletin issues. December 2003 Download NewsletterThe index for The Bankruptcy Bulletin 2003 issues is available HERE in PDF format Weil: Polish Bankruptcy Law and Reform - Part I   The Bankruptcy Law is principally a liquidation statute, although there is some opportunity provided in the statute for the receiver to operate the business of a bankrupt and reorganize it through a plan of arrangement. A declaration of bankruptcy may occur when a company permanently ceases paying its debts or its assets are not sufficient to pay its debts Weil: Relationship between the Bankruptcy Code and Nonbankrup...   Replace Font Tag Bankruptcy Bulletin Relationship between the Bankruptcy Code and Nonbankruptcy Law January 2003 Download Newsletter Similar to the issues in the NextWave case (mentioned above), several other decisions reported during the past year concern the interplay between the Bankruptcy Code and nonbankruptcy law. Unlike NextWave, however, the nonbankruptcy law involved in each of the other decisions is state law, and the decisions demonstrate that the Bankruptcy Code preempts otherwise Weil: An Impasse Between Agency and Bankruptcy Jurisdiction   Relevant Bankruptcy Code and Federal Power Act Provisions Section 365 of the Bankruptcy Code broadly empowers debtors in possession, subject to bankruptcy court approval, to assume valuable executory contracts and reject burdensome ones. Rejection constitutes a breach of the subject contract, with any damages flowing from such breach becoming unsecured non-priority claims subject to the bankruptcy claims resolution process Weil: Hungary: Bankruptcy Act Amendments - More Good News for...   Replace Font Tag Central & Eastern European Property & Finance Report Hungary: Bankruptcy Act Amendments - More Good News for Lenders Spring 2001 Effective September 1, 2001, recent amendments to the Hungarian Bankruptcy Act (the Bankruptcy Act ) will dramatically improve a secured lender s position in liquidation proceedings in Hungary. Payment of Secured Claims Under the present version of the Bankruptcy Act, all proceeds of the liquidation are collected into a common fund, and the claims of Weil: Bankruptcy Court May Authorize A Retroactive Rejection ...   Replace Font Tag Bankruptcy Bulletin Bankruptcy Court May Authorize A Retroactive Rejection Date For Executory Contract February 2003 Download Newsletter By Michele J. Meises In BP Energy Company v. Bethlehem Steel Corporation (In re Bethlehem Steel Corporation), the United States District Court for the Southern District of New York held that the bankruptcy court may, as a matter of law, use its equitable powers to authorize a retroactive date of rejection for an executory contract and that the Weil: Applicability of Bankruptcy Code Antimodification Provi...   Replace Font Tag Bankruptcy Bulletin Applicability of Bankruptcy Code Antimodification Provision Is Evaluated On a Case-by-Case Basis October 2003 Download Newsletter Jessica L. Fink The question of whether a mortgage on a multi-unit residence can be stripped down under chapter 13 continues to confront the courts. Treatment of Mortgages on Residential Property under the Bankruptcy Code Under the Bankruptcy Code, the rights of holders of secured claims may be modified to reduce the amount of a Weil: Eligibility of Petitioning Creditors Determines Subject...   Replace Font Tag Bankruptcy Bulletin Eligibility of Petitioning Creditors Determines Subject Matter Jurisdiction in Involuntary Bankruptcy Filing August 2003 Download NewsletterBy Jacqueline B. Stuart The United States Court of Appeals for the Second Circuit has held that, because it is a threshold determination whether an alleged debtor in an involuntary bankruptcy case is properly before the bankruptcy court, a petitioning creditor must demonstrate at the outset that its claims are not subject Weil: Supreme Court Rules Bankruptcy Code Prohibits FCC from ...   Replace Font Tag Bankruptcy Bulletin Supreme Court Rules Bankruptcy Code Prohibits FCC from Canceling Licenses February 2003 Download Newsletter By Jacqueline B. Stuart The United States Supreme Court ruled on January 27, 2003 that Bankruptcy Code section 525, the anti-discrimination provision, prohibits the Federal Communications Commission ( FCC ) from revoking a debtor s licenses because of the debtor s failure to make timely payments for purchase of the licenses. The Bankruptcy Code s Weil: Solvent Debtor Cannot Avoid Paying Default Rate Interes...   Replace Font Tag Bankruptcy Bulletin Solvent Debtor Cannot Avoid Paying Default Rate Interest by Filing for Bankruptcy April 2004 Download NewsletterBy Andrew Kamensky The United States Bankruptcy Court for the Southern District of New York, in In re 139-141 Owners Corp., recently held that a solvent debtor who filed for bankruptcy solely to nullify an oversecured creditor s right to a default rate of interest could not use the Bankruptcy Code to deprive the creditor of its contractual rights. Weil: "Financial Accommodations" Exception To Execu...   Replace Font Tag Bankruptcy Bulletin "Financial Accommodations" Exception To Executory Contract Assumption Refined in UAL Bankruptcy July 2003 Download Newsletter By Richard A. Graham The relatively high exposure to chargeback and refund liability that merchant banks suffer on credit card sales of airline tickets provides them no grounds to deprive airline bankruptcy debtors of the right to assume the charge card processing agreements from which such liability flows, according to the United White & Case: Amendment to the Czech Bankruptcy Act (April 2000)   White & Case: Slovak Republic Amends Bankruptcy Act (October 2000)   Wiley Rein & Fielding: Asserting and Defending Aviation Related Claims in Bank...   In a Bankruptcy   Corporate Reorganization & Bankruptcy - April 26   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Corporate Reorganization & Bankruptcy - April 22   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Towards an Effective Indonesian Bankruptcy Law   Haynes Boone | KnowledgeConnect | Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation 3) { window. visibility = "visible"; } } //-- --- PublicationHot TopicsPublicationsFirm Seminars6/28/2001 - Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation AuthorsRobin E. PhelanEric TerryRelated Practice GroupsBusiness Reorganization/BankruptcyAmerican Bankruptcy Institute Hawaiian Bankruptcy Workshop in Maui, HawaiiThe following issues are Workouts   : Banking & Bankruptcy Law Newsletter   : Banking & Bankruptcy Law Newsletter   Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Akin Gump: Automatic Stay of Bankruptcy May Be Annulled Under Cert...   BUSINESS BANKRUPTCY ALERT. SEPTEMBER5, 2001 AUTOMATIC STAY OF BANKRUPTCY MAY BE ANNULLED UNDER CERTAIN CIRCUMSTANCES One of the primary benefits for a debtor in bankruptcy is the automatic stay Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Borrower's Bankruptcy Defeats Default Interest Search: Advanced Search Borrower's Bankruptcy Defeats Default Interest by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. A recent case in California shows how a borrower can use the Bankruptcy Code to avoid $1 million in default interest Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Use Restriction Rejected In Tenant's Bankruptcy Search: Advanced Search Use Restriction Rejected In Tenant's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. Many of these landlords may not be aware of how frequently bankruptcy courts disregard these carefully negotiated provisions Blank Rome: New Bankruptcy Law Swings Pendulum in Landlords' F...   BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005. New Bankruptcy Law Swings Pendulum in Landlords' Favor Briggs & Morgan: Bankruptcy Abuse Prevention and Consumer Protection Act...   Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Briggs and Morgan law firm Minnesota var fscontrolTP = new Object(); fscontrolTP.site_pn=location. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S.256) (the "Act"), thereby enacting the most substantial changes to bankruptcy law Brown McCarroll: Impact of the New Bankruptcy Code Reforms on the Health...   ...xsp; Impact of the New Bankruptcy Code Reforms on the Healthcare Industry July 18, 2005 by Lynn Hamilton Butler Although much of the commentary on the recently signed bankruptcy legislation has focused on consumer bankruptcies, several provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 are specifically targeted to health care bankruptcies. For example, typically a bankruptcy filing imposes an automatic stay against collection action Brown McCarroll: Supreme Court Upholds Bankruptcy Protection of IRAs Fro...   ...xsp; Supreme Court Upholds Bankruptcy Protection of IRAs From Creditors April 18, 2005 by Lynn Hamilton Butler Earlier this month, the United States Supreme Court upheld the protection that the Bankruptcy Code gives to Individual Retirement Accounts (IRAs) in a unanimous decision in Rousey v. Jacoway. The Rouseys subsequently filed a Chapter 7 personal bankruptcy and had listed their IRAs as exempt assets under the federal exemptions Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors   Show=4','Bankruptcy and Creditors\' Rights ') + ' ' + ' ' + makeLink('showarea. asp Carlton Fields: Chapter 11 Bankruptcy   Carlton Fields: Collier Bankruptcy Practice Guide   Carlton Fields: After the Bubble's Burst: Bankruptcy in the High T...   Curtis Mallet-Prevost: From the Grab Rule to Uniformity: International Bankrup...   Curtis, Mallet-Prevost, Colt LLP - international bankruptcy law - attorneys, insolvency if (document. write(''); } //-- Newsletters Articles August 1998 FROM THE GRAB RULE TO UNIFORMITY: INTERNATIONAL BANKRUPTCY LAW By: Greg Zipes New York Somewhat surprisingly, the inter-national community has yet to establish binding, uniform protocols for dealing with insolvencies of multinational companies Day: Potential for Avoidance of Substitutions and Repurchase...   Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Hughes Hubbard & Reed: Compensation of Investment Bankers in Bankruptcy Procee...   Articles Related Practice Area Corporate Reorganization 2004Compensation of Investment Bankers in Bankruptcy Proceedings: Just or Unjust Enrichment. Annual Review of Banking and Financial Law, Vol. 23 (2004) James W. Giddens -- This document is only available in Adobe Acrobat (pdf) format Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregory Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Presents Seminar at the E...   Dallas Bankruptcy Shareholder Presents Seminar at the Executive Enterprise Institute Lynnette Warman, a Shareholder in the Dallas Bankruptcy group, presented a seminar on commercial loan workouts at the Executive Enterprise Institute held May 21-22 in New York city. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Kaufman & Canoles: The New Bankruptcy Law and the Business Creditor   All too often these creditors are prevented from foreclosing on the real estate collateral because of an owner’s multiple bankruptcy filings, usually occurring just before the date of a scheduled foreclosure sale. Under the new law, in cases of multiple bankruptcy filings or where the real estate is transferred without the consent of the secured creditor, the court can issue an order granting a secured creditor relief from the automatic stay that otherwise would prohibit creditor action Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. Instead, they "rubber stamped" because they have the same fiduciary obligations and the shareholder's conduct, essentially giving their duties to the company's creditors ­ especially after the approval of undeserved salaries to the shareholder's company sought bankruptcy protection Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. arisingpropertythe lease during the time period between lthough a landlord of non-residential real is entitled to payment of obligations the commencement of a debtor-tenant's bankruptcy case and the date the lease is either assumed or rejected by the debtor-tenant, the magnitude of the recovery depends on the date - or timing - of rejection and on the jurisdiction in which the Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts O'Melveny & Myers: China's Draft Bankruptcy Law   China's Draft Bankruptcy Law* February 2005. hina recently introduced a draft bankruptcy law (the "Draft Law") Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Reed Smith: The Enterprise Act 2002 : Changes in Bankruptcy Law   Archive Commercial Restructuring and Bankruptcy Click here to set up a personal favorites list, download resources and subscribe to our daily industry email news. Disclaimer | Privacy Policy | Feedback | Site Map | Site Credits Weil: Jurisdiction and Enforcement of the Bankruptcy Code   Several decisions issued during 2003 will have a major impact on the enforceability and enforcement of bankruptcy law. That issue is whether Congress s authority to make uniform laws on bankruptcy, granted in Article I of the U.S. Constitution, carries with it the power to abrogate the states sovereign immunity Weil: Index for the 2003 Bankruptcy Bulletin issues.   Replace Font Tag Bankruptcy Bulletin Index for the 2003 Bankruptcy Bulletin issues. December 2003 Download NewsletterThe index for The Bankruptcy Bulletin 2003 issues is available HERE in PDF format Weil: Polish Bankruptcy Law and Reform - Part I   The Bankruptcy Law is principally a liquidation statute, although there is some opportunity provided in the statute for the receiver to operate the business of a bankrupt and reorganize it through a plan of arrangement. A declaration of bankruptcy may occur when a company permanently ceases paying its debts or its assets are not sufficient to pay its debts Weil: Relationship between the Bankruptcy Code and Nonbankrup...   Replace Font Tag Bankruptcy Bulletin Relationship between the Bankruptcy Code and Nonbankruptcy Law January 2003 Download Newsletter Similar to the issues in the NextWave case (mentioned above), several other decisions reported during the past year concern the interplay between the Bankruptcy Code and nonbankruptcy law. Unlike NextWave, however, the nonbankruptcy law involved in each of the other decisions is state law, and the decisions demonstrate that the Bankruptcy Code preempts otherwise Weil: An Impasse Between Agency and Bankruptcy Jurisdiction   Relevant Bankruptcy Code and Federal Power Act Provisions Section 365 of the Bankruptcy Code broadly empowers debtors in possession, subject to bankruptcy court approval, to assume valuable executory contracts and reject burdensome ones. Rejection constitutes a breach of the subject contract, with any damages flowing from such breach becoming unsecured non-priority claims subject to the bankruptcy claims resolution process Weil: Hungary: Bankruptcy Act Amendments - More Good News for...   Replace Font Tag Central & Eastern European Property & Finance Report Hungary: Bankruptcy Act Amendments - More Good News for Lenders Spring 2001 Effective September 1, 2001, recent amendments to the Hungarian Bankruptcy Act (the Bankruptcy Act ) will dramatically improve a secured lender s position in liquidation proceedings in Hungary. Payment of Secured Claims Under the present version of the Bankruptcy Act, all proceeds of the liquidation are collected into a common fund, and the claims of White & Case: Amendment to the Czech Bankruptcy Act (April 2000)   White & Case: Slovak Republic Amends Bankruptcy Act (October 2000)   Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: A Refresher Course on Franchisee Bankruptcy   Wiley Rein & Fielding: ?Bankruptcy Telecommunications Manual? Now Available   Wiley Rein & Fielding: Asserting and Defending Aviation Related Claims in Bank...   Wiley Rein & Fielding: How Bankruptcy Sales Really Work (Fundamentals And Stra...   Wiley Rein & Fielding: Validity Of Conseco Coverage Decision Challenged In Ban...   In a Bankruptcy   Corporate Reorganization & Bankruptcy - April 26   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Corporate Reorganization & Bankruptcy - April 22   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Towards an Effective Indonesian Bankruptcy Law   Haynes Boone | KnowledgeConnect | Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation 3) { window. visibility = "visible"; } } //-- --- PublicationHot TopicsPublicationsFirm SeminarsAudio/Video6/28/2001 - Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation AuthorsRobin E. PhelanEric TerryRelated Practice GroupsBusiness Reorganization/BankruptcyAmerican Bankruptcy Institute Hawaiian Bankruptcy Workshop in Maui, HawaiiThe following issues Workouts   Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Akin Gump: Automatic Stay of Bankruptcy May Be Annulled Under Cert...   BUSINESS BANKRUPTCY ALERT. SEPTEMBER5, 2001 AUTOMATIC STAY OF BANKRUPTCY MAY BE ANNULLED UNDER CERTAIN CIRCUMSTANCES One of the primary benefits for a debtor in bankruptcy is the automatic stay Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Borrower's Bankruptcy Defeats Default Interest Search: Advanced Search Borrower's Bankruptcy Defeats Default Interest by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. A recent case in California shows how a borrower can use the Bankruptcy Code to avoid $1 million in default interest Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Use Restriction Rejected In Tenant's Bankruptcy Search: Advanced Search Use Restriction Rejected In Tenant's Bankruptcy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. Many of these landlords may not be aware of how frequently bankruptcy courts disregard these carefully negotiated provisions Blank Rome: New Bankruptcy Law Swings Pendulum in Landlords' F...   BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005. New Bankruptcy Law Swings Pendulum in Landlords' Favor Briggs & Morgan: Bankruptcy Abuse Prevention and Consumer Protection Act...   Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Briggs and Morgan law firm Minnesota var fscontrolTP = new Object(); fscontrolTP.site_pn=location. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S.256) (the "Act"), thereby enacting the most substantial changes to bankruptcy law Brown McCarroll: Impact of the New Bankruptcy Code Reforms on the Health...   ...xsp; Impact of the New Bankruptcy Code Reforms on the Healthcare Industry July 18, 2005 by Lynn Hamilton Butler Although much of the commentary on the recently signed bankruptcy legislation has focused on consumer bankruptcies, several provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 are specifically targeted to health care bankruptcies. For example, typically a bankruptcy filing imposes an automatic stay against collection action Brown McCarroll: Supreme Court Upholds Bankruptcy Protection of IRAs Fro...   ...xsp; Supreme Court Upholds Bankruptcy Protection of IRAs From Creditors April 18, 2005 by Lynn Hamilton Butler Earlier this month, the United States Supreme Court upheld the protection that the Bankruptcy Code gives to Individual Retirement Accounts (IRAs) in a unanimous decision in Rousey v. Jacoway. The Rouseys subsequently filed a Chapter 7 personal bankruptcy and had listed their IRAs as exempt assets under the federal exemptions Carlton Fields: Chapter 11 Bankruptcy   Carlton Fields: Collier Bankruptcy Practice Guide   Carlton Fields: After the Bubble's Burst: Bankruptcy in the High T...   Curtis Mallet-Prevost: From the Grab Rule to Uniformity: International Bankrup...   Curtis, Mallet-Prevost, Colt LLP - international bankruptcy law - attorneys, insolvency if (document. write(''); } //-- Newsletters Articles August 1998 FROM THE GRAB RULE TO UNIFORMITY: INTERNATIONAL BANKRUPTCY LAW By: Greg Zipes New York Somewhat surprisingly, the inter-national community has yet to establish binding, uniform protocols for dealing with insolvencies of multinational companies Day: Potential for Avoidance of Substitutions and Repurchase...   Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Hughes Hubbard & Reed: Compensation of Investment Bankers in Bankruptcy Procee...   Articles Related Practice Area Corporate Reorganization 2004Compensation of Investment Bankers in Bankruptcy Proceedings: Just or Unjust Enrichment. Annual Review of Banking and Financial Law, Vol. 23 (2004) James W. Giddens -- This document is only available in Adobe Acrobat (pdf) format Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregory Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Presents Seminar at the E...   Dallas Bankruptcy Shareholder Presents Seminar at the Executive Enterprise Institute Lynnette Warman, a Shareholder in the Dallas Bankruptcy group, presented a seminar on commercial loan workouts at the Executive Enterprise Institute held May 21-22 in New York city. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Kaufman & Canoles: The New Bankruptcy Law and the Business Creditor   All too often these creditors are prevented from foreclosing on the real estate collateral because of an owner’s multiple bankruptcy filings, usually occurring just before the date of a scheduled foreclosure sale. Under the new law, in cases of multiple bankruptcy filings or where the real estate is transferred without the consent of the secured creditor, the court can issue an order granting a secured creditor relief from the automatic stay that otherwise would prohibit creditor action Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. Instead, they "rubber stamped" because they have the same fiduciary obligations and the shareholder's conduct, essentially giving their duties to the company's creditors ­ especially after the approval of undeserved salaries to the shareholder's company sought bankruptcy protection Lowenstein Sandler: Bankruptcy Watch   A publication of the Lowenstein Sandler Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group. arisingpropertythe lease during the time period between lthough a landlord of non-residential real is entitled to payment of obligations the commencement of a debtor-tenant's bankruptcy case and the date the lease is either assumed or rejected by the debtor-tenant, the magnitude of the recovery depends on the date - or timing - of rejection and on the jurisdiction in which the Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts O'Melveny & Myers: China's Draft Bankruptcy Law   China's Draft Bankruptcy Law* February 2005. hina recently introduced a draft bankruptcy law (the "Draft Law") Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Venable: "Asbestos Litigation: A Bankruptcy Dilemma"   Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: A Refresher Course on Franchisee Bankruptcy   Wiley Rein & Fielding: ?Bankruptcy Telecommunications Manual? Now Available   Wiley Rein & Fielding: Asserting and Defending Aviation Related Claims in Bank...   Wiley Rein & Fielding: How Bankruptcy Sales Really Work (Fundamentals And Stra...   Wiley Rein & Fielding: Validity Of Conseco Coverage Decision Challenged In Ban...   Corporate Reorganization & Bankruptcy - April 26   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Corporate Reorganization & Bankruptcy - April 22   CORPORATE REORGANIZATION AND BANKRUPTCY ALERT. The Corporate Reorganization and Bankruptcy Group of Sidley Austin Brown LLP Sidley Austin Brown LLP has a Towards an Effective Indonesian Bankruptcy Law   Haynes Boone | KnowledgeConnect | Liar, Liar, Pants of Fire - The Use of Expert Witnesses in Bankruptcy Litigation 3) { window. print(); } else { alert("Go to your File Menu and select Print."); } } else { document Workouts   Akin Gump: Directors and Officers Liability Coverage Is Not Proper...   BUSINESS BANKRUPTCY ALERT. JUNE18, 2001 DIRECTORS AND OFFICERS LIABILITY COVERAGE IS NOT PROPERTY OF THE BANKRUPTCY ESTATE Most corporations provide liability coverage insurance for their directors and officers Akin Gump: Automatic Stay of Bankruptcy May Be Annulled Under Cert...   BUSINESS BANKRUPTCY ALERT. SEPTEMBER5, 2001 AUTOMATIC STAY OF BANKRUPTCY MAY BE ANNULLED UNDER CERTAIN CIRCUMSTANCES One of the primary benefits for a debtor in bankruptcy is the automatic stay Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Ballard Spahr: Impact of New Bankruptcy Act on Real Property Leases   The focus of this alert pertains to changes to Section 365 of the United States Bankruptcy Code (11 U.S.C. § 101, et. Accordingly, the Bankruptcy Reform Act changes subsection (d)(4) by extending the initial period of time to assume or reject leases from 60 to 120 days (or, if earlier, the date of entry of an order confirming a plan of reorganization), allows the court to extend the initial period of time for an additional 90 days "for cause" (without, once again, providing a definition of Blank Rome: Borrower's Bankruptcy Defeats Default Interest   Blank Rome: Use Restriction Rejected In Tenant's Bankruptcy   Blank Rome: New Bankruptcy Law Swings Pendulum in Landlords' F...   Briggs & Morgan: Bankruptcy Abuse Prevention and Consumer Protection Act...   Brown McCarroll: Impact of the New Bankruptcy Code Reforms on the Health...   ...xsp; Impact of the New Bankruptcy Code Reforms on the Healthcare Industry July 18, 2005 by Lynn Hamilton Butler Although much of the commentary on the recently signed bankruptcy legislation has focused on consumer bankruptcies, several provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 are specifically targeted to health care bankruptcies. For example, typically a bankruptcy filing imposes an automatic stay against collection action Brown McCarroll: Supreme Court Upholds Bankruptcy Protection of IRAs Fro...   ...xsp; Supreme Court Upholds Bankruptcy Protection of IRAs From Creditors April 18, 2005 by Lynn Hamilton Butler Earlier this month, the United States Supreme Court upheld the protection that the Bankruptcy Code gives to Individual Retirement Accounts (IRAs) in a unanimous decision in Rousey v. Jacoway. The Rouseys subsequently filed a Chapter 7 personal bankruptcy and had listed their IRAs as exempt assets under the federal exemptions Bullivant House Bailey: A Bankruptcy First-Aid Kit for Creditors   Show=1106','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('showarea. Show=4281','Bankruptcy tors\' Rights ') + ' ' + ' ' + makeLink('articles Cooley Godward: Bankruptcy Considerations     Because the licensee does not own title to the licensed intellectual property, the bankruptcy of the licensor jeopardizes the rights of the licensee.   Under Section 365 of the United States Bankruptcy Code (the “Codeâ€?), the Trustee of a bankrupt debtor that is a party to a contract may reject the contract if it is an “executory contractâ€?; that is, if there is performance on the part of both parties called for by the contract but which remains unperformed Curtis Mallet-Prevost: From the Grab Rule to Uniformity: International Bankrup...   Curtis, Mallet-Prevost, Colt LLP - international bankruptcy law - attorneys, insolvency if (document. write(''); } //-- Newsletters Articles August 1998 FROM THE GRAB RULE TO UNIFORMITY: INTERNATIONAL BANKRUPTCY LAW By: Greg Zipes New York Somewhat surprisingly, the inter-national community has yet to establish binding, uniform protocols for dealing with insolvencies of multinational companies Day: Potential for Avoidance of Substitutions and Repurchase...   Fried Frank: Reform of French Bankruptcy Law   If enacted as currently proposed, it would significantly alter French bankruptcy procedures. French law currently provides for four alternative bankruptcy procedures: (i) mandataire ad hoc, an ad hoc mediation process by which a mediator is appointed by the court to assist in non-binding negotiations between a debtor and its creditors;1 (ii) réglement amiable, a voluntary settlement or friendly composition that is a means of protecting a debtor before it ceases making payments to its creditors; Hughes Hubbard & Reed: Compensation of Investment Bankers in Bankruptcy Procee...   Articles Related Practice Area Corporate Reorganization and Bankruptcy 2004Compensation of Investment Bankers in Bankruptcy Proceedings: Just or Unjust Enrichment. Annual Review of Banking and Financial Law, Vol. 23 (2004) James W. Giddens -- This document is only available in Adobe Acrobat (pdf) format Ice Miller: BANKRUPTCY   Ice Miller: BANKRUPTCY CODE REFORM   Jenkens & Gilchrist: Bankruptcy Shareholder Quoted in Richmond Business Jour...   Bankruptcy Shareholder Quoted in Richmond Business Journal Dallas Bankruptcy Shareholder Gregory Hesse is quoted in the July 1 Richmond Business Journal article "Bleeding Red" regarding developments in the bankruptcy of Fas Mart Convenience Stores, Inc. of Richmond. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON SAN ANTONIO Jenkens & Gilchrist: Collecting Litigation in Mexico and Mexico's New B...   Collecting Litigation in Mexico and Mexico's New Bankruptcy Law Robert L. Soza Presented at: Collecting Your Money From Mexican Entities Link to Article (57. 03 K) | Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON SAN ANTONIO Jenkens & Gilchrist: Dallas Bankruptcy Shareholder Presents Seminar at the E...   Dallas Bankruptcy Shareholder Presents Seminar at the Executive Enterprise Institute Lynnette Warman, a Shareholder in the Dallas Bankruptcy group, presented a seminar on commercial loan workouts at the Executive Enterprise Institute held May 21-22 in New York city. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON SAN ANTONIO Kaufman & Canoles: The New Bankruptcy Law and the Business Creditor   All too often these creditors are prevented from foreclosing on the real estate collateral because of an owner’s multiple bankruptcy filings, usually occurring just before the date of a scheduled foreclosure sale. Under the new law, in cases of multiple bankruptcy filings or where the real estate is transferred without the consent of the secured creditor, the court can issue an order granting a secured creditor relief from the automatic stay that otherwise would prohibit creditor action Kilpatrick Stockton: Is Bankruptcy an Option for Your Service Provider?   Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 ) Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings By: Lewis E. Hassett Morris, Manning & Martin, LLP leh@mmmlaw. Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts Morris: Health Maintenance Organization Insolvency: Bankruptcy ...   Because the Constitution does not accord exclusive bankruptcy authority to the federal government, states are free to enact their own insolvency laws unless Congress has enacted an applicable federal law. In accordance with its Constitutional mandate, Congress has enacted a federal bankruptcy law and has accorded exclusive jurisdiction to federal courts O'Melveny & Myers: China's Draft Bankruptcy Law   China's Draft Bankruptcy Law* February 2005. hina recently introduced a draft bankruptcy law (the "Draft Law") Poyner and Spruill: Bankruptcy Bulletin:  Accord and Dissatisfaction   Venable: "Asbestos Litigation: A Bankruptcy Dilemma"   Weil: Jurisdiction and Enforcement of the Bankruptcy Code   Several decisions issued during 2003 will have a major impact on the enforceability and enforcement of bankruptcy law. That issue is whether Congress s authority to make uniform laws on bankruptcy, granted in Article I of the U.S. Constitution, carries with it the power to abrogate the states sovereign immunity Weil: Index for the 2003 Bankruptcy Bulletin issues.   ...subform goes here [New Subform containing lookups to Data Dictionary] Department: Practice Group: Legal Services: Legal Services: Legal Services Subcategories: Industries: Sector: Sub Sector 1: Description: Geography: Region: Country: Offices: Bankruptcy Bulletin Index for the 2003 Bankruptcy Bulletin issues. December 2003 Download NewsletterThe index for The Bankruptcy Bulletin 2003 issues is available HERE in PDF format Weil: Polish Bankruptcy Law and Reform - Part I   The Bankruptcy Law is principally a liquidation statute, although there is some opportunity provided in the statute for the receiver to operate the business of a bankrupt and reorganize it through a plan of arrangement. A declaration of bankruptcy may occur when a company permanently ceases paying its debts or its assets are not sufficient to pay its debts Weil: An Impasse Between Agency and Bankruptcy Jurisdiction   Relevant Bankruptcy Code and Federal Power Act Provisions Section 365 of the Bankruptcy Code broadly empowers debtors in possession, subject to bankruptcy court approval, to assume valuable executory contracts and reject burdensome ones. Rejection constitutes a breach of the subject contract, with any damages flowing from such breach becoming unsecured non-priority claims subject to the bankruptcy claims resolution process Weil: Relationship between the Bankruptcy Code and Nonbankrup...   ...subform goes here [New Subform containing lookups to Data Dictionary] Department: Practice Group: Legal Services: Legal Services: Legal Services Subcategories: Industries: Sector: Sub Sector 1: Description: Geography: Region: Country: Offices: Bankruptcy Bulletin Relationship between the Bankruptcy Code and Nonbankruptcy Law January 2003 Download Newsletter Similar to the issues in the NextWave case (mentioned above), several other decisions reported during the past year concern the interplay Weil: Hungary: Bankruptcy Act Amendments - More Good News for...   Payment of Secured Claims Under the present version of the Bankruptcy Act, all proceeds of the liquidation are collected into a common fund, and the claims of creditors are satisfied from this common fund according to their statutory order of priority. Elimination of the Six Month Rule Another major change to the Bankruptcy Act that strengthens the position of lenders in the Hungarian real estate market will be the elimination of the so-called six month rule Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: Bankruptcy Telecommunications Manual   Wiley Rein & Fielding: A Refresher Course On Franchisee Bankruptcy   Wiley Rein & Fielding: A Refresher Course on Franchisee Bankruptcy   Wiley Rein & Fielding: ?Bankruptcy Telecommunications Manual? Now Available   Wiley Rein & Fielding: Directors & Officers Insurance Issues In Bankruptcy   Wiley Rein & Fielding: Asserting and Defending Aviation Related Claims in Bank...   Wiley Rein & Fielding: Validity Of Conseco Coverage Decision Challenged In Ban...   Wiley Rein & Fielding: How Bankruptcy Sales Really Work (Fundamentals And Stra...   Want Alerts, Online Saving Options, Publishing Capabilities, and More? Check out LawKT Premium. 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