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Courts Begin to Wrestle with the Impact of City of Chicago, Illinois v. Fulton on a Debtor’s Ability to Recover Estate Property

USA - May 12 2022 To facilitate a debtor’s efforts to reorganize and ensure that creditors are afforded equitable recoveries, the filing of a bankruptcy petition…

Jennifer Brooks Crozier

No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents

USA - June 11 2021 A bankruptcy court in North Carolina recently joined a growing number of courts allowing debtors and trustees to avoid prepetition…

Emma Wheeler, Alex Xiao

What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party

USA - March 29 2021 Bankruptcy courts often dismiss appeals of chapter 11 plans when granting the relief requested in the appeal would undermine the finality and…

Patrick Feeney

Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay

USA - January 20 2021 In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an…

Alejandro Bascoy, Robert Niles-Weed, Zack Tripp

The CARES Act: A Guide to the Economic Stabilization Provisions

USA - March 30 2020 The CARES Act (the "Act"), enacted on March 27, 2020, authorizes the U.S. Department of the Treasury (the "US Treasury") to provide up to $500…

Michael J. Aiello, Candace Arthur, Matt Barr, Corey Chivers, Catherine T. Dixon, Daniel Dokos, Peter Feist, Danek A. Freeman, Gary Holtzer, Michael Nissan, Ellen J. Odoner, Ray C. Schrock, P.C., Paul J. Wessel