A Chapter 11 bankruptcy filing of an oil and gas company will likely have broad implications for a wide range of parties. Certain pervasive agreements in today’s oil and gas industry generate substantial, high-dollar...more
WHEN THE TENANT FILES BANKRUPTCY
I. Before the Bankruptcy is Filed.
The Bankruptcy Code, found at 11 U.S.C. §§ 101, et seq., creates a category of rights known as “executory contracts.” An executory contract, in...more
“The news from the telecom industry will remain unrelentingly negative until a cyclical upturn is in sight possibly not until 2003. In the interim the telecommunications sector will be entering a build-buy or be bought phase...more
Plagued with financial uncertainty and inadequate resources, debtors often fail to take the steps that are needed to minimize property taxes in the period leading up to bankruptcy. Tax protests go unfiled and valuations go...more
One of the pillars of a debtor’s fresh start is the anti-discrimination provisions of § 525 of the Bankruptcy Code, which codifies the U.S. Supreme Court’s decision in Perez v. Campbell. The Court held that two state statutes...more
Originally published in the ABI Journal, Vol. XXXII, No. 2, March 2013.
Delaware Local Bankruptcy Rule 9010-1 governs bar admissions and limits unfettered practice before its courts to those attorneys “admitted to practice...more