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Porter Wright Morris & Arthur LLP | USA | 18 Jul 2016

Expanding the Defense of Ordinary Course and Widening the Range of Acceptable Payments During the Historical Period

The Seventh Circuit Court of Appeals in Unsecured Creditors Committee of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., 2016 WL 3213090 (7th Cir


Porter Wright Morris & Arthur LLP | USA | 14 Jul 2016

Supreme Court Enhances Creditor’s Right to Bar Debtor’s Discharge of Debts-Expanding Reach of Actual Fraud and Shareholder’s Liability

Until the recent U. S. Supreme Court’s decision in Husky International Electronics, Inc. v. Ritz, __ U.S. __, 136 S.Ct. 1581, 194 L.Ed.2d 655, 84 U.S


Porter Wright Morris & Arthur LLP | USA | 18 Jun 2014

Bankruptcy trumps protection for inherited IRA

The United State Supreme Court issued an opinion on June 12, 2014 in Clark v. Rameker dealing with a relatively simple issue at the intersection of


Porter Wright Morris & Arthur LLP | USA | 27 Dec 2013

The Sixth Circuit holds that bankruptcy courts lack the inherent power to award “serious non-compensatory punitive damages”

Nearly 30 years after enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 and establishment of the current bankruptcy court


Porter Wright Morris & Arthur LLP | USA | 5 Mar 2013

What goes up a quick glance at Ohio oil and gas leases in bankruptcy

As Ohio enjoys its latest boom in oil and gas exploration, it is important to understand how oil and gas leases are treated in bankruptcy. Unsettled


Porter Wright Morris & Arthur LLP | USA | 29 Oct 2012

In re: Tracy Broadcasting Corporation

Secured creditors of borrowers holding Federal Communications Commission ("FCC") broadcasting licenses, as well as such borrowers seeking credit, will be reassured by a recent decision of the United States Court of Appeals for the Tenth Circuit, In re: Tracy Broadcasting Corporation, released October 16, 2012.


Porter Wright Morris & Arthur LLP | USA | 11 Oct 2012

Part Seven

This article is Part Seven in a seven-part series on how to structure sales and what to do when your customer fails to pay.


Porter Wright Morris & Arthur LLP | USA | 31 Aug 2012

Default by a customer: knowledge is power

By understanding your position prior to or shortly after a default by the customer, it may be possible to negotiate favorable terms with the customer to avoid default, proceed with litigation against the customer before there is a deluge or prepare for a bankruptcy by the customer.


Porter Wright Morris & Arthur LLP | USA | 2 Mar 2012

Recoupment and setoff issues for health care lenders

Health care lenders and others evaluating or relying on the financial strength of a healthcare provider need to think about the potential recoupment and setoff of claims against MedicareMedicaid receivables of the provider.


Porter Wright Morris & Arthur LLP | USA | 12 Aug 2011

Another pension plan bites the dust

On Monday, August 8, 2011, United States Bankruptcy Court Judge Mary Walrath ruled that Harry & David Holdings Inc. the Oregon-based gourmet food and gift company, can terminate its pension plan as part of a pre-arranged bankruptcy plan and emerge from bankruptcy free of its accumulated pension liability.

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