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Post date: Sunday, May 05, 2019

I sometimes joke that “bankruptcy litigator” is an oxymoron because bankruptcy and litigation practice often seem fundamentally at odds.

Post date: Thursday, May 02, 2019

Trustees and their counsel can breathe easier in the Fifth Circuit.

Post date: Thursday, May 02, 2019

Before litigating an adversary proceeding or contested matter against a state or its agencies, plaintiffs would be wise to consider whether the state entity has a colorable sovereign immunity defense.[1] In In re La Paloma Generating Co.,[2]

Post date: Thursday, May 02, 2019

In enacting § 106(a) of the Bankruptcy Code,[1] Congress waived the government’s ability to assert the defense of sovereign immunity with respect to a variety of Bankruptcy Code provisions.[2] Section 106(a) specifically authorizes the court to “issue

Post date: Thursday, May 02, 2019

A Delaware Bankruptcy Court has held that litigants pursuing post-confirmation state law fraud claims against the trustees of a mass-tort litigation trust must first seek leave from the bankruptcy court that established the trust. In Smith v.

Post date: Friday, April 26, 2019
Photo of Melissa Dardani, CPA
Melissa Dardani, CPA

The current landscape for cannabis companies is confusing due to the divergence between federal and state law. Under federal law, particularly under the Controlled Substances Act (CSA),[1] cannabis is a Schedule 1 controlled substance, and cannabis activities from cultivation to sale are illegal.

Post date: Friday, April 26, 2019

A vehicle can be a debtor’s most important asset.

Post date: Friday, April 26, 2019

On Feb. 19, 2019, the Supreme Court considered a petition for a writ of certiorari in the case of Ritter v. Brady,[1] asking the high court to overrule its infamous decision in Dewsnup v. Timm.[2]

Post date: Monday, April 08, 2019

As any bankruptcy practitioner knows, laws other than the provisions of the Bankruptcy Code can significantly impact a debtor’s reorganization.

Post date: Monday, April 08, 2019

Many Americans lack health insurance.[1] Even people with health insurance may seek care from out-of-network hospitals that don’t participate in their health plans.[2] That is what happened with the debtor in In re Dietrich, because “his heal

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