Every so often a decision comes along that engenders heated debate but then, it seems, it cools off before being able to develop into something more. Even more quickly is this decision forgotten. In the wake of General Growth Properties (GGP),[1] many law firms and financial consultants analyzed the legal ramifications.
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The effects of the epic real estate collapse that have occurred over the last five years are well known. The subprime mortgage crisis has caused residential (as well as commercial) real estate property values to drop significantly, which was has not been seen since the Great Depression.
In 2005, Congress recognized the value that vendors that ship goods to debtors on the eve of bankruptcy provide to the estate.
Most people have had no difficulty meeting the debt limitations for chapter 13.
As those who regularly practice consumer bankruptcy law may have already figured out, change is afoot in Rule 3001.
Nadejda Reilly never thought her kitchen equipment would become part of a federal case that eventually made its way to the Supreme Court.
In In re Karykeion, currently pending in the U.S. Bankruptcy Court for the Central District of California, the court recently reviewed the application of § 1113 of the Bankruptcy Code in the context of the liquidation of a chapter 11 debtor that had been operating two acute care hospitals.
In a recent decision in the chapter 11 case of Project Orange Associates LLC,[2] the court confronted an important issue that often arises in bankruptcy cases: whether the use of conflicts counsel is sufficient to permit court approval under § 327(a) of the Bankruptcy Code of a debtor’s choice for general bankruptcy c
Recent Second and Ninth Circuit opinions highlight the dispute over whether the Bankruptcy Code authorizes allowance of claims for post-petition legal fees incurred by unsecured creditors. Specifically, while not all circuits agree, in the wake of the 2007 U.S. Supreme Court decision, Travelers Casualty & Surety Co. of North America v. Pacific Gas & Electric Co., 549 U.S.
You have been hired to represent a secured lender in a bankruptcy case. Thankfully, the lender took a lien on collateral with a value greatly exceeding the amount of the debt, and the loan documents provide coverage for legal fees and expenses.