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Benchnotes June 2022

Journal Issue:

Bankruptcy Code: Section 106(a), 11 U.S.C. § 363(m), 11 U.S.C. § 544, 504, 507, 525

Topic Tags:

Asset Sales, Claims, Bankruptcy Litigation, Fraudulent Transfers, Practice and Procedure, Professional Compensation/Fees, Mass Torts

Is a Forbearance an “Extension of Credit” Triggering § 523(a)(2)?

Journal Issue:

Bankruptcy Code: 523

Topic Tags:

Consumer Bankruptcy, Discharge/Dischargeability

Discharges in Subchapter V: What Has Changed? What Remains the Same? Are Elephants Hiding in Mouseholes?

Journal Issue:

Bankruptcy Code: 1191

Topic Tags:

Bankruptcy Litigation, Plan Confirmation, Discharge/Dischargeability, Business Reorganization, Small Business

The Price of Principle

Journal Issue:

Bankruptcy Code: none

Topic Tags:

Alternative Dispute Resolution

Creditor Strategies in Subchapter V

Journal Issue:

Bankruptcy Code: 1182, 1189, 1191, 1111, 1129

Topic Tags:

Practice and Procedure

Creditors’ Attorneys’ Fees Based on Post-Petition Contracts Are “Actual and Necessary” Costs

Journal Issue:

Bankruptcy Code: 503

Topic Tags:

Administrative Expense Claims, Claims, Bankruptcy Litigation, Consumer Bankruptcy, Business Reorganization

In Defense of Third-Party Releases in Chapter 11 Cases: Part III: Four Proposed Fixes for the Third-Party-Release Mess!

Journal Issue:

Bankruptcy Code: 524(g)

Topic Tags:

Bankruptcy Litigation, Plan Confirmation, Mass Torts

Getting Personal: Acquiring PII Out of Bankruptcy

Journal Issue:

Bankruptcy Code: 11 U.S.C. § 363

Topic Tags:

Asset Sales, Valuation, Retail

KERP and KEIP Payments During Economic Downturns

Journal Issue:

Bankruptcy Code: 503

Topic Tags:

Bankruptcy Litigation, Covid19

SC SJ: One Take on Harmonizing the Bankruptcy Code and FAA

Journal Issue:

Bankruptcy Code: 11 U.S.C. § 502(c)

Topic Tags:

Alternative Dispute Resolution, Claims, Bankruptcy Litigation, Plan Confirmation, Business Reorganization, Covid19, Hospitality, Entertainment Venues and Gaming