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Eleventh Circuit Agrees with Seventh Circuit that an Unauthorized Bankruptcy Court Order Is Not a “Judgment, Order, or Decree” for Purposes of 28 U.S.C. 158(d)(2)(A)

USA - January 25 2017 In a recent decision, Wortley v. Bakst, the Eleventh Circuit Court of Appeals agreed with the Seventh Circuit Court of Appeals’ decision in In re...

EFH Court Refuses to Entertain “Legal Fiction,” Dismisses First-Lien Trustee’s Turnover Action Against Second-Lien Noteholders to Recover Make-Whole Not Payable by Debtors

USA - June 27 2016 Earlier this month, Judge Sontchi dismissed an intercreditor adversary complaint filed in 2014 by the Energy Future Holdings (“EFH”) first-lien...

Bar Remains High for Substantial Contribution: Delaware Bankruptcy Court Denies 503(b)(3) Claim

USA - April 1 2016 At issue in In re Legacy Corp. was the right to allowance and payment as an administrative expense of the professional fees and expenses of the...