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July 14, 2022
In a decision rendered on June 6, 2022, Justice Sotomayor authored the Supreme Court's unanimous decision in the case Siegel v. Fitzgerald, holding that a statutory increase in United States...
April 5, 2022
Many recent court rulings concerning the treatment of secured creditors under a chapter 11 plan have focused on "cram-up" plans involving reinstatement of secured loans to avoid impairment ...
January 20, 2022
The COVID-19 pandemic has led to several well-known retailers seeking bankruptcy protection. The first article in this two-part series looks at the impact of bankruptcy on trademark licensors and licensees under U.S. law, and the remedies and strategies available to protect the rights of licensors and licensees.
January 7, 2021
The holidays came early for the United States Trustee (the โ U.S. Trusteeโ) on November, 3, 2020, when a three-judge panel of the United States Circuit Court for the Fifth Circuit, on direct appeal, reversed the bankruptcy court and upheld the constitutionality of a 2017 increase to quarterly fees payable to the U.S. Trustee in Hobbs v. Buffets LLC (In re Buffets LLC), No. 19-50765, 2020 U.S. App. LEXIS 34866 (5th Cir. Nov. 3, 2020).ย Although the Fifth Circuitโs opinion addresses a var...
December 14, 2020
To embed, copy and paste the code into your website or blog: In the latest chapter of more than a decade of contentious litigation surrounding the 2007 leveraged buyout ("LBO") and ensuing bankruptcy of media conglomerate Tribune Co. ("Tribune"), the U.S. Court of Appeals for the Third Circuit affirmed lower court rulings that Tribunes 2012 chapter 11 plan did not unfairly discriminate against senior noteholders who contended that their distributions were reduced because the plan improperly fai...