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Director fiduciary duties in an insolvency context

USA - March 20 2020 With businesses focused on the impact of the novel coronavirus (COVID-19) pandemic on current and future liquidity, balance sheet and cash flow…

Gary L. Kaplan, Ashley Katz, Jennifer L. Rodburg, Brad Eric Scheler, Peter B. Siroka, Julia V. Smolyanskiy.

Third Circuit Permits Debtor to Reject Expired Collective Bargaining Agreement

USA - February 17 2016 On January 15, 2016, the United States Court of Appeals for the Third Circuit (the "Third Circuit") held in In re Trump Entertainment Resorts that…

Gary L. Kaplan, Ashley Katz, Alan N. Resnick, Jennifer L. Rodburg, Brad Eric Scheler.

Third Circuit permits the use of structured dismissals that deviate from the Bankruptcy Code’s priority scheme

USA - June 29 2015 On May 21, 2015, the United States Court of Appeals for the Third Circuit (the "Third Circuit") affirmed the order of the United States District…

Gary L. Kaplan, Alan N. Resnick, Jennifer L. Rodburg, Brad Eric Scheler.

The Supreme Court rules that bankruptcy judges may adjudicate Stern claims with the parties’ knowing and voluntary consent

USA - June 4 2015 On May 26, 2015, the Supreme Court in Wellness International Network v. Sharif held that it is not unconstitutional for a bankruptcy court to…

Gary L. Kaplan, Alan N. Resnick, Jennifer L. Rodburg, Brad Eric Scheler.

Supreme Court rules that an order denying confirmation of a chapter 13 plan is not a final appealable order

USA - May 15 2015 On May 4, 2015, the Supreme Court of the United States affirmed the order of the United States Court of Appeals for the First Circuit dismissing the…

Gary L. Kaplan, Alan N. Resnick, Jennifer L. Rodburg, Brad Eric Scheler.