February 11, 2025
Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.
January 17, 2025
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
September 26, 2024
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit , Kansas ,
August 31, 2023
The RICO suit by Jay Alix Against McKinsey mostly survived a motion to dismiss.
September 22, 2022
The length and the effects of the pandemic were capable of being ‘anticipated’ and therefore provide no reason for modifying a fixed fee under Section 328(a).
September 1, 2022
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
April 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
January 24, 2022
The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.