A vehicle can be a debtor’s most important asset.
Young And New Members Committee
Committees
A chapter 11 debtor’s executives might find little motivation to remain employed at a company as annual bonus plans become compromised and long-term incentive vehicles (e.g., stock options, restricted stock) become virtually worthless.
On January 17, the Fifth Circuit released a highly anticipated decision, weighing in on the expanding circuit split concerning the enforceability of contractual make-whole provisions in loan indentures.
There is a pending Ninth Circuit case to decide whether a wholly unsecured claim should count toward a debtor’s chapter 13 eligibility following a chapter 7. On April 26, 2010, Aleli A. Hernandez (the debtor) filed a chapter 7 bankruptcy case in the U.S.
When drafting a motion or a brief, how much weight should you give an opinion of a Bankruptcy Appellate Panel (BAP)? This article discusses the variation between circuits about the BAP and highlights a selection of cases that analyze the limits of the BAP’s authority.
Getting paid as a bankruptcy professional can often be a tightrope walk. Transparency is extremely important when you receive payment from the estate, especially because you need to submit your application for payment to the court. In most cases, it becomes public record for everyone to review and scrutinize.
What is an interested party? Consider these everyday scenarios: An unsupervised child encounters a take-one-piece-only Halloween bucket; a teacher administers a your-bonus-rides-on-these-results test; or a football team pays a doctor to conduct in-game concussion evaluations. These conflicts raise concerns about the ability of the conflicted party to be fair and impartial.
Corporate governance battles spill into bankruptcy courts and at times serve as the genesis for bankruptcy petition filings.
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