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Supreme Court Ruling in Bellingham Offers Comfort but Little Clarity

A unanimous Supreme Court, in Executive Benefits Ins. Agency, Inc. v. Arkinson (In re Bellingham Ins. Agency, Inc.), 573 U.S. ___ (2014), confirmed a bankruptcy court’s power to submit proposed findings of fact and...more

6/17/2014 - Article III Chapter 7 Commercial Bankruptcy Executive Benefits Insurance Agency Executive Benefits Insurance Agency v. Arkison Fraudulent Conveyance SCOTUS Stern v Marshall Tortious Interference

Third Circuit Concludes Personal Injury Causes of Action Against a Successor to Debtor’s Business are Generalized Claims

In a novel decision, the United States Court of Appeals for the Third Circuit held, in its ruling In re Emoral, Inc., 740 F.3d 875 (3d Cir. 2014), that personal injury claims of individuals allegedly harmed by a bankrupt...more

5/13/2014 - Appeals Business Assets Commercial Bankruptcy Creditors Debtor-Creditor Sale of Assets Successor Liability

Lehman: New Limitations on Plan Payment of Individual Creditors’ Committee Members’ Professional Fees

In the recent case of Davis v. Elliot Mgmt. Corp. (In re Lehman Bros. Holdings Inc.), 2014 U.S. Dist. LEXIS 48102 (S.D.N.Y. Mar. 31, 2014), the District Court for the Southern District of New York issued a decision barring...more

4/21/2014 - Attorney's Fees Bankruptcy Code BAPCPA Commercial Bankruptcy Creditors Indenture Trustee Lehman Brothers Reorganizations

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