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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. ....
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 . ....
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. ....
The holidays came early for the United States Trustee (the “ U.S. Trustee”) 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). Although the Fifth Circuit’s opinion addresses a variety of constitutional challenges to the recent increase to U.S. Trustee fees, the “the main event” was “whether [the] fee increase violates constitutional uniformity requirements.” ....
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 Tribune s 2012 chapter 11 plan did not unfairly discriminate against senior noteholders who contended that their distributions were reduced because the plan improperly failed to strictly enforce pre-bankruptcy subordination agreements. In In re Tribune Co., 972 F.3d 228 (3d Cir. 2020), the Third Circuit held that, according to a plain reading of the relevant provisions of the Bankruptcy Code, a nonconsensual chapter 11 plan that does not strictly enforce a subordination agreement does not necessarily discriminate unfairly against a class of creditors that would otherwise benefit from subordination. In this case, the Third Circuit agreed with the low ....