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Frost Brown Todd LLC | USA | 20 May 2022

Bankruptcy Court Rejects the Predominant Purpose Test in Granting Priority Claim Status Under Bankruptcy Code § 503(b)(9)

In the bankruptcy world, not all claims are created equal. Rather, certain special categories of claims have priority status and are not only paid…
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McGuireWoods LLP | USA | 13 May 2022

Fourth Circuit: “Fair Ground of Doubt” Standard Applies to Contempt Allegations in Chapter 11 Cases

In June 2019, the U.S. Supreme Court issued its unanimous decision in Taggart v. Lorenzen, through which it turned to general standards governing…
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Koley Jessen PC | USA | 5 May 2022

Subchapter V Trustees: Satisfying The § 1183(b)(3) Duty To “Appear And Be Heard”

"The trustee shall . . . appear and be heard at . . . any hearing that concerns . . . the value of property . . . confirmation of a plan . . . sale…
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Weil Gotshal & Manges LLP | USA | 3 May 2022

Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15

In a 2021 chapter 15 decision, In re Bankruptcy Estate of Norske Skogindustrier ASA, the United States Bankruptcy Court for the Southern District of…
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Patterson Belknap Webb & Tyler LLP | USA | 29 Apr 2022

Fiduciary Duties Waivable by Contract, Precluding Claims

The U.S. Bankruptcy Court in Manhattan recently reminded us why Delaware choice-of-law provisions are so popular in limited partnership and other…
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Koley Jessen PC | USA | 14 Apr 2022

Allowing Attorney Fee Applications, Or Not, in Bankruptcy (In re H.T.O. & In re Sylvester)

In re H.T.O. Architect, PLLC, Case No. 19-10915, SDNY Bankruptcy Court (issued February 3, 2022, Doc. 160, Not for Publication); and…
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Koley Jessen PC | USA | 7 Apr 2022

Subchapter V Plan: Why Extend The Deadline And Slow The Case?!

"Subchapter V is supposed to be a fast process toward plan confirmation, but I don't see that happening!"…
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Bracewell LLP | USA | 17 Mar 2022

"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation

On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate…
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Weil Gotshal & Manges LLP | USA | 2 Mar 2022

No Procedural Notice, No Problem: 11th Circuit Affirms Due Process Not Violated Where Debtor Provides Actual Notice

In a recent decision, Jackson v. Le Ctr. on Fourth, LLC (In re Le Ctr. on Fourth, LLC), 2021 U.S. App. LEXIS 33845 (11th Cir. 2021), the…
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Mayer Brown | USA | 2 Mar 2022

Opinion of Interest - In re Wolfson: A Potential Re-Evaluation of the “Undue Hardship” Test for Student Loan Borrowers

In its January 14, 2022 decision in In re Wolfson, the United States Bankruptcy Court for the District of Delaware discharged Chapter 7 debtor Ryan K…
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