Court upholds plan provision authorizing payment of fees to members of unsecured creditors’ committee *

USA - March 12 2013
In what is arguably one of the largest and most complex chapter 11 proceedings of all time, In re Lehman Brothers Holdings, Inc., et al., the United…

Co-authors: Andrew L. Turscak, Jr., Curtis L. Tuggle, Alan R. Lepene.

Circuit split alert! Sixth and Ninth Circuits differ on whether consent among parties cures bankruptcy court’s lack of constitutional authority to enter final order *

USA - February 4 2013
A circuit split has emerged as a result of recent decisions from the Sixth and Ninth Circuit Courts of Appeals regarding whether a bankruptcy judge…

Co-authors: Andrew L. Turscak, Jr., Curtis L. Tuggle, Alan R. Lepene.

Unanimous Supreme Court rules that chapter 11 debtors cannot use bankruptcy code’s “cramdown” provisions to eliminate a secured creditor’s right to credit bid *

USA - May 31 2012
In a major victory for secured creditors, the United States Supreme Court, on May 29, 2012, unanimously held that a chapter 11 plan involving a sale of secured property must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code (the “Bankruptcy Code”).

Co-authors: Andrew L. Turscak, Jr., Alan R. Lepene.