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Big Progress in Big Cases: PG&E and Puerto Rico are Making Strides Towards Achieving Creditor Consensus

USA - February 13 2020 There has been considerable progress towards resolution in two of the largest bankruptcy cases pending in the United States: the Commonwealth of...

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

USA - January 8 2020 On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may...

Update: Supreme Court Grants Cert to Resolve Circuit Split Regarding Pre-Bankruptcy Seizure

USA - December 19 2019 We recently reported on a decision of the United States Court of Appeals for the Third Circuit in favor of a creditor that seized a debtor’s property...

Fifth Circuit Withdraws Controversial Ruling, but Key Holding Remains

USA - December 5 2019 Ultra Petroleum entered bankruptcy in significant financial distress, but then - thanks to a spike in oil prices - the debtor’s fortunes changed...

Pre-Bankruptcy Seizure: Recent Third Circuit Decision Widens Circuit Split Regarding Obligations of Secured Creditors in Respect of Collateral Seized Pre-Petition

USA - November 7 2019 In July 2016, Joy Denby-Peterson purchased a Chevrolet Corvette. When she defaulted on one of her car payments a few months later, the Corvette was...