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Fifth Circuit Affirms Dismissal of Bankruptcy Case Due to Lack of Corporate Authority to File (and provides a blueprint for veto powers over bankruptcy filings?)

USA - August 1 2018 On June 14, 2018, the United States Court of Appeals for the Fifth Circuit issued a revised opinion that held that Federal law does not prevent a bona…

Delaware Bankruptcy Court Holds, Twice: “ASARCO is Here to Stay” (But Your Authors Have Hatched Another Plan; Read Below!)

USA - March 10 2016 You may recall the holding and analysis of ASARCO / from Jay's previous post, here. At bottom, ASARCO followed a strict interpretation of Section…

Mark I. Duedall

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

USA - April 26 2017 Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993…

ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a Similar Client in an Out-of-Court Matter?

USA - May 16 2016 Either from our prior posts here and here, or from the great posts from Stone and Baxter's Plan Proponent blog or from Bracewell's Basis Points blog…

Mark I. Duedall

Supreme Court Weighs Granting Cert on Bankruptcy Issues Involving Surcharge and Voting Rights of Assignee of Insider Claim

USA - December 5 2016 The Supreme Court is considering whether to grant review of two bankruptcy cases. On October 3, 2016, the Supreme Court invited the Solicitor General…