At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing.
Section 365(f) of the Bankruptcy Code permits a debtor to assume and assign an executory contract so long as adequate assurance of future performance is provided to the nondebtor party. However, the phrase “adequate assurance of future performance” is not defined in the Bankruptcy Code, and thus courts must interpret its meaning.
With bankruptcy filings back on the rise, it’s natural for the more efficiency-minded among us to look for ways in which to speed along the restructuring process. Boilerplate notice provisions in court orders are a common method for accomplishing this task, helping speed cases along to conclusion.
A widely held assumption in bankruptcy cases and other litigation is that fraudulent intent cannot be established on a summary judgment motion but may only be found after a full trial on the merits.
The U.S. Bankruptcy Court for the Eastern District of New York recently decided in In re R.F. Cunningham & Co. Inc., 355 B.R. 408 (Bankr. E.D.N.Y.
A number of recent decisions on whether to seal confidential commercial information under §107 of the Bankruptcy Code set a high bar for keeping information confid
On March 5, 2007, in Motorola Inc. v.
The Bankruptcy Court for the District of Delaware recently entered an opinion in Quintus Corp. v. Avaya Inc. (In re Quintus), No.
