By Michael Cook (Schulte Roth & Zabel) Too many district courts and bankruptcy appellate panels (BAPs) have been refusing …
Update on Corporate Bankruptcy Tax Refund Litigation
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
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Involuntary Bankruptcy: Limited Remedy and Strong Sanctions for Abuse
By Michael L. Cook (Schulte Roth & Zabel LLP) Involuntary bankruptcy cases are relatively rare. According to the Second …
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Three Provocative Business Bankruptcy Decisions of 2018
By Michael L. Cook (Schulte, Roth & Zabel LLP). The appellate courts have issued at least three provocative, if not …
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Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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Successor Liability in § 363 Sales
By Michael L. Cook of Schulte, Roth & Zabel LLP Bankruptcy Code §363(f)(1) empowers a bankruptcy court to order a debtor’s …
Texas Supreme Court Resolves Good Faith Value Defense Issue For Fifth Circuit
By Michael L. Cook, Schulte Roth & Zabel LLP The Uniform Fraudulent Transfer Act ("UFTA") (§ 8(a)), like Bankruptcy …
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Fifth Circuit Affirms Secured Lender Surcharge
By Michael L. Cook, Schulte Roth & Zabel LLP The cost of maintaining a secured lender's collateral is usually borne by the …
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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 …
Court of Appeals Vacates DIP Financing Order for Lender’s Lack of Good Faith
By Michael L. Cook, Schulte Roth & Zabel LLP The Bankruptcy Code encourages lenders to make debtor-in-possession (“DIP”) …
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Another Court of Appeals Broadly Reads Settlement Payment Safe Harbor
By Michael L. Cook, Schulte Roth & Zabel LLP The Courts of Appeals, with few exceptions, have broadly read the safe harbor …
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