423 results found
Koley Jessen PC | USA | 21 Sep 2023
Subchapter V Debtor’s Exclusive Right To File A Plan: Not A Super-Power
Once a Subchapter V debtor is removed from possession under § 1185(a), what happens next? The answer to this question seems to have evolved…
Koley Jessen PC | USA | 19 Sep 2023
Equitable Mootness Doctrine At U.S. Supreme Court (U.S. Bank v Windstream)
The equitable mootness doctrine is before the U.S. Supreme Court on a Petition for writ of certiorari. The case is U.S. Bank National Association v…
Koley Jessen PC | USA | 14 Sep 2023
Third-Party Releases At U.S. Supreme Court & Strong Views Of Individual Victims (In re Purdue Pharma)
Here’s my take on third-party releases in a bankruptcy plan [not that anyone asked]: third-party releases should be rare and…
Koley Jessen PC | USA | 12 Sep 2023
Subchapter V Trustee’s Facilitation Role (Part 6)—DUTIES & INHERENT POWERS
“(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C §…
Koley Jessen PC | USA | 7 Sep 2023
Proposed UCC Amendments: A Conservative Approach That Preserves And Restores Prior Law
Misunderstandings happen. That's especially true of the proposed amendments to the Uniform Commercial Code. Misunderstandings about the proposed…
Koley Jessen PC | USA | 5 Sep 2023
Nebraska Department of Revenue Publishes PTET Forms
On September 1, 2023, the Nebraska Department of Revenue published forms to implement Nebraska’s new pass-through entity tax (PTET) law. In May, we…
Koley Jessen PC | USA | 5 Sep 2023
Subchapter V Trustee’s Facilitation Role (Part 5)—INVESTIGATION DUTIES
“(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From…
Koley Jessen PC | USA | 31 Aug 2023
Perpetuating A Bad Homestead Exemption Rule at U.S. Supreme Court (Wells v. McCallister)
“Notwithstanding the court of appeals’ error, this case does not warrant this Court’s review.” Recommendation in Solicitor…
Koley Jessen PC | USA | 29 Aug 2023
Subchapter V Trustee’s Facilitation Role (Part 4)—A CITY OF DETROIT MODEL
Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do. But the nature and boundaries of the…
Koley Jessen PC | USA | 24 Aug 2023
College Sports: NIL & Bankruptcy?
There is an entirely-new group of rich people: well . . . They aren’t actually rich, compared to the truly rich; but compared to most of their peers…
