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Chapter 15: US Court Respects UK Scheme of Arrangement: Third-Party Releases Enforced

United Kingdom, USA - June 5 2018 Judge Martin Glenn granted recognition to a UK scheme of arrangement with third-party releases that lacked full creditor consent. In re Avanti Communs…

Third Circuit Denies Large Break-up Fee in High-Profile EFH Case

USA - September 21 2018 The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the…

Court Decision Reviews Key Concepts Concerning Executory Contracts

USA - March 20 2018 This post reviews some concepts concerning executory contracts. The ground covered will be familiar to insolvency experts and should be insightful for…

Can Tax Sales Be Set Aside In Bankruptcy? The Federal Courts Are Increasingly Split

USA - April 27 2018 In BFP v. Resolution Tr. Corp., 511 U.S. 531 (1994), the Supreme Court held that a mortgage foreclosure sale conducted in accordance with state law…

J. Taylor Kirklin

Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

USA - February 11 2022 “[E]nsnared between his involvement in a business that is legal under the laws of Arizona but illegal under federal law,” one debtor’s chapter 13…

Maxwell K. Weiss