By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
Bankruptcy Venue Reform
By Nicholas Cordova (Harvard Law School) Although the Boy Scouts of America (BSA) is headquartered in Texas, it filed for …
COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
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Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?
By Shmuel Vasser and Cara Kaplan (Dechert) The Third Circuit, applying the Supreme Court’s decision in Stern v. Marshall, …
Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts
By Sara L. Chenetz and Tina N. Moss (Perkins Coie) Reward Science and Technology Industry Group Co., Ltd. (“Reward”) joins a …
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Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes
By Benjamin Charles Iverson (Brigham Young University), Joshua Madsen (University of Minnesota, Twin Cities, Carlson School of …
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Non-Article III Adjudication: Bankruptcy and Nonbankruptcy, With and Without Litigant Consent
By Ralph Brubaker (University of Illinois College of Law) This article explores the diverse and intriguing implications of the …
Through Jevic’s Mirror: Orders, Fees, and Settlements
By Nicholas L. Georgakopoulos (McKinney School of Law, Indiana University) This article takes the United States Supreme Court’s …
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Post-Jevic, Expansive Interpretation by Bankruptcy Courts Possible
By Andrew C. Kassner and Joseph N. Argentina, Jr. (Drinker Biddle & Reath LLP) In Czyzewski v. Jevic Holding Corp., 137 S. …
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Jevic: Law Firm Perspectives
On March 22, the Supreme Court decided Czyzewski v. Jevic Holding Corp., holding that bankruptcy courts may not approve structured …
United States: In GM, Second Circuit Takes a Wrong Turn on Its Treatment of Unknown Claims
By Debra A. Dandeneau (Baker & McKenzie) Elliott v. General Motors LLC (In re Motors Liquidation Co.), 829 F.3d 135 (2d Cir. …
Bankruptcy Court Disagrees with Second Circuit’s Holding in Tribune
By Lee Harrington of Nixon Peabody. Recently, in In re Physiotherapy Holdings Inc., the Bankruptcy Court in Delaware held that …
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Bankruptcy Court Approves Non-Market Cramdown Rate on Momentive Secured Creditors
By Adam C. Harris and Karen S. Park of Schulte Roth & Zabel LLP A recent decision from the Bankruptcy Court for the Southern …
The Article III Problem in Bankruptcy
By Anthony J. Casey and Aziz Z. Huq, University of Chicago Law School The Supreme Court has struggled for the last three …
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Mind the Gap: Supreme Court Partially Resolves Procedural Uncertainty Created by Stern v. Marshall
By Paul Hessler, Aaron Javian, and Robert Trust, Linklaters LLP On June 9, 2014, in a highly anticipated decision Executive …