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Results: 1-10 of 10,076

Court of Appeals: A Guaranty is a Separate Contract No Matter What the Contracts Say
  • Smith Moore Leatherwood LLP
  • USA
  • August 2 2017

In a divided opinion Tuesday, the Court of Appeals held that a lease and guaranty are separate contracts, even when the guaranty is incorporated


U.S. Supreme Court Grants Certiorari to Decide Circuit Split on Applicable Law for the Recharacterization of Debt
  • Kane Russell Coleman Logan PC
  • USA
  • August 3 2017

The United States Supreme Court will soon decide whether state or federal law will apply to the recharacterization of debt. On June 27, 2017, the


Ninth Circuit Reignites Debate Over the Interplay of Sections 363 and 365 of the Bankruptcy Code
  • Thompson Hine LLP
  • USA
  • August 3 2017

In 2003 the Seventh Circuit Court of Appeals surprised many observers when it held that a sale of real property under section 363 of title 11 of the


Coslow v. Reisz (In re Coslow)
  • Stoll Keenon Ogden PLLC
  • USA
  • August 3 2017

Bankr. W.D. Ky. July 28, 2017) The bankruptcy court enters summary judgment in favor of the debtor and orders the trustee to abandon any interest in


Non-consolidation and True Sale Issues for Insurance Company Sponsors Part One
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • July 31 2017

This two-part article discusses the key concerns, from a non-consolidation and true sale perspective, that arise when an insurance company, as opposed


Funds Talk: August 2017
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 1 2017

In the most recent example of federal regulatory Streamlining, the Commodity Futures Trading Commission (CFTC) announced on July 10 that it will


Third Circuit Applies Delaware Choice of Law Rules Allowing Subsequent Purchasers of Oil and Gas and Lenders to Prevail against Upstream Producers
  • Andrews Kurth Kenyon LLP
  • USA
  • August 7 2017

On July 19, 2017, the Third Circuit Court of Appeals issued an opinion in Arrow Oil & Gas, Inc., et al. v. J. Aron & Company, et al. (In re Semcrude


Suppliers Beware: Two Recent Cases (in Third Circuit and Delaware) Hold that Debtor Must Physically Possess Goods Within Statutory Period To Sustain Administrative Priority Under Section 503(b)(9)
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • July 31 2017

Amidst a surge in retail bankruptcies, two recent decisions construing section 503(b)(9) of the Bankruptcy Code directly limit suppliers' ability to


Taking Depositions: Handling the No-Show Deposition
  • Bryan Cave LLP
  • USA
  • March 25 2016

Here at The Bankruptcy Cave, we love insolvency stuff; we eat it for breakfast and dream about it at night. (We are not kidding


Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • August 7 2017

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central