Foley & Lardner
Lenders need to exercise great caution when filing a UCC-3 termination statement.
Stites & Harbison PLLC
Some creditors believe that they can only collect contractual attorney’s fees if their attorney files suit against the debtor and obtains judgment.
Moritt, Hock & Hamroff LLP
A key strategy in acquiring assets from a bankruptcy estate is by utilising existing debt and liens to credit bid for the assets that may be in play.
Thompson Coburn LLP
The time is ripe for Congress to reconsider current laws prohibiting postsecondary institutions that declare bankruptcy from participating in the federal financial aid programs.
All states have adopted some form of the "attorney-client privilege" and the "work product doctrine."
On October 1, 2014, the bankruptcy judge overseeing the chapter 9 proceeding of Stockton, California observed from the bench that the city can cut pension obligations.
In a recent non-precedential holding, the Third Circuit Court of Appeals affirmed a decision of the bankruptcy court finding that the disclosure of a third-party release in the settlement agreement and the disclosure statement accompanying a plan of reorganization was inadequate
Waller Lansden Dortch & Davis
Article from Waller Law
Fox Rothschild LLP
Michael Sweet was a guest on CNBC on October 2, 2014 to discuss the Stockton bankruptcy and the ramifications the decision in the case will have.
Patterson Belknap Webb & Tyler LLP
The Great Recession has been especially hard on U.S. retailers, and its impact likely will be felt for many more years.
On June 30, 2014, Latin America’s third-largest economy failed to make a scheduled $539 million payment to bondholders.
On July 16, 2014, the Uniform Law Commission approved a series of amendments to the Uniform Fraudulent Transfer Act, which is currently in force in 43 states.
The proposed changes to the Bankruptcy Rules and the Official Forms of particular pertinence in commercial bankruptcy cases include the following.
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
A trademark licensee faces a great deal of uncertainty concerning its ability to continue using a licensed trademark if the licensor files for bankruptcy.
A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common.
The long-running dispute over the payment of Argentina’s sovereign debt has been particularly active in recent months and weeks.
In its fourth bankruptcy-related ruling of the 2013-14, the U.S. Supreme Court handed down its decision on June 12 in Clark v. Ramaker, 2014 BL 162980 (June 12, 2014).
Prepayment premiums have recently been a source of controversy in bankruptcy and appellate courts.