Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Butler Snow LLP ordered by Published Date Descending.
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The Trademarking Of The "Basic Federal Rule In Bankruptcy"
A recent opinion from the Supreme Court in Mission Prod. Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019), reaffirms that bankruptcy does not change all that much.
United States
29 Jul 2019
Subject Matter Jurisdiction And Abstention In Legal Malpractice Actions Brought By A Bankruptcy Debtor – Part 1
Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys...
United States
28 Jun 2017
Take It Or Leave It
The Tennessee Court of Appeals recently found that a "take or leave it offer" extended by a lender to a borrower experiencing financial difficulty was not duress.
United States
17 Mar 2017
Curing Default In Chapter 11 Bankruptcy May Require Debtors To Pay Default Interest To Secured Creditors.
The Ninth Circuit Court of Appeals recently took up the issue of a Chapter 11 Debtor's requirements to cure a loan default through its Chapter 11 plan.
United States
27 Jan 2017
From Federal Procedure Rules To State Bar Association Rules —Lawyers Need Tech Skills To Remain Competent
Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect.
United States
6 Dec 2016
Sixth Circuit Files Win For Bankruptcy Debtors Harassed During Automatic Stay
When a debtor files for bankruptcy, an automatic stay of collection effort under 11 U.S.C. § 362(a) goes into effect.
United States
6 Nov 2015
Colt Nears Deal To Battle Its Way Out Of Bankruptcy
On September 3, 2015, gun maker Colt Defense announced that the company and its creditors are close to finalizing a deal that will rescue the company out of bankruptcy.
United States
16 Sep 2015
Does The New Kid, Chapter 15, Have Staying Power?
A mention of bankruptcy elicits two responses: (1) will I get paid? and (2) what is the automatic stay?
United States
12 Jul 2015
Pay To Play: §327(A) Professionals Pay Their Own Defense Costs In Litigation Challenging Fee Applications
On June 15, 2015, the Supreme Court of the United States made clear that attorneys and other professionals hired under §327(a) of the Bankruptcy Code are not entitled to fees for their time ...
United States
4 Jul 2015
The "American Rule" Prevails: The Supreme Court Denies Certain Fees In Bankruptcy Cases
In 2005, ASARCO LLC, a copper mining, smelting and refining company, was in financial trouble and filed for Chapter 11 bankruptcy.
United States
4 Jul 2015
Raising A Drawbridge Objection: Eligibility In Chapter 15 Cross-Border Insolvency Cases
Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests...
United States
23 Jun 2015
Becoming A Creditor In A Bankruptcy Case Triggers A Duty To Preserve Documents
A litigator in bankruptcy court is challenged with mastery of a trial lawyer's skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code.
United States
22 Jun 2015
Should Bond Lawyers Care About Chapter 9 Of The Bankruptcy Code?
While the bankruptcy courts are not overflowing with Chapter 9 cases today, there have been a sufficient number to force bond attorneys to pay closer attention.
United States
21 May 2015
Chapter 15 Cross-Border Insolvency Means Comity And Cooperation; Not Necessarily Comedy And Concern
After taking the last train into the small Italian town of Vernazza, my travelling party soon came to realize that our booked inn had given away our rooms and that there were no available rooms in town and no more trains out.
United States
9 May 2015
Texas Bankruptcy Court ‘Likes’ Facebook And Twitter Accounts As Property Of The Reorganized Debtor
The Court found that the Facebook and Twitter accounts were property interests under the bankruptcy code because business social media accounts provide valuable access to customers and potential customers.
United States
29 Apr 2015
Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections
On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware.
United States
16 Apr 2015
Fifth Circuit Applies Absolute Priority Rule In Individual Chapter 11 Cases
The Fifth Circuit Court of Appeals recently affirmed an order on appeal from the U.S. Bankruptcy Court for the Eastern District of Texas and holding that the absolute priority rule, 11 U.S.C. § 1129(b)(2)(B)(ii), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, applies in individual chapter 11 cases.
United States
12 Aug 2013
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