Bankruptcy Law News and Insights

Bankruptcy Court Lacks Power To Substantively Consolidate Nondebtor, Nonprofit Entities With Archdiocese Debtor

Published: Aug 16, 2018
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In the wake of scandal-driven bankruptcies filed by nearly 20 U.S. Roman Catholic dioceses and religious orders, scrutiny has been increasingly brought to bear on the benefits and burdens that federal bankruptcy laws offer to eleemosynary (nonprofit) corporations. Nonprofits seek bankruptcy protection for a variety of reasons. In the case...

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Counsel: Remember To Take A Look At The C-Suite

Published: Aug 07, 2018
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Recent events involving the former chief executive officer of Energy XXI serve as a reminder that chapter 11 counsel, committees and committee counsel should take a closer look at the C-suite. This is especially true when a management incentive plan is being proposed and/or releases are being provided to executive...

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For Creditors, Written Representation Is The Best Evidence

Published: Jul 17, 2018
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On June 4, 2018, the U.S. Supreme Court issued its opinion in Lamar Archer & Cofrin LLP v. Appling,1 resolving a circuit split on the issue of whether a debtor's statement about a single asset constitutes "a statement respecting the debtor's financial condition" for the purposes of 11 U.S.C. §...

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