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Insolvency Insights Blog

Articles: 1-9 of 9

Lease termination disputes and bankruptcy

USA - August 14 2018 As the brick and mortar retail industry continues to decline, landlords are likely to engage in an increasing number of lease disputes with delinquent…

The Texas Supreme Court Rules in favor of The Golf Channel over the Stanford Ponzi Receiver—Ruling will Likely Limit Future Clawback Suits in Similar Cases

USA - April 6 2016 ​Like many other Ponzi schemes, R. Allen Stanford’s operated by selling Certificates of Deposit and paying an initial group of victims a high return…

Litigating the ordinary course of business defense – summary judgment and the Stanziale v. Industrial Specialists decision

USA - September 30 2015 Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant…

Licensing under the Perishable Agricultural Commodities Act: is a USDA apology enough to rescue a PACA licensee?

USA - September 18 2015 The United States District Court for the Southern District of Ohio was recently presented with a strange set of facts regarding a purported licensee…

Working for free: Supreme Court holds that fees incurred defending fee application are not recoverable

USA - June 30 2015 The Bankruptcy Code allows bankruptcy trustees, debtors in possession, and official committees to hire attorneys, accountants, and other…

Providing notice under the Perishable Agricultural Commodities Act: get it exactly right, or risk not getting paid

USA - June 15 2015 A recent decision by the District Court for the Eastern District of North Carolina demonstrates just how important it is for parties asserting rights…

Springtime is Stern time

USA - May 26 2015 On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest “progeny of Stern” ruling on the…

Fifth Circuit has second thoughts on Pro-Snax fees decision

USA - April 28 2015 How would you like to be paid only for work which, in hindsight, unquestionably resulted in a material benefit to your employer? That unsuccessful…

Structured dismissals – how they work part III: the best interests of the creditors test

USA - April 6 2015 Part II of this series focused on the first element of section 1112(b)’s dismissal test: whether “cause” exists for the court to dismiss or convert…