Thomas Kennedy

Thomas Kennedy

Bond Schoeneck & King PLLC

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The Jewel Unfinished Business Doctrine Loses its Luster

On November 15 and December 2, 2013, the Second Circuit Court of Appeals, in In re Thelen LLP and In re Coudert Brothers LLP, certified to the New York Court of Appeals the question of whether a client matter, billed on an...more

7/10/2014 - Appeals Attorney's Fees Chapter 7 Client Services Jewel v Boxer

UPDATE: Leaving Las Vegas (but What is Filed in Delaware Stays in Delaware)

On Thursday, May 22, 2014, Judge Sontchi upheld the Energy Futures Holdings debtors’ chosen venue in Delaware, denying the second-lien holders’ motion to transfer the bankruptcy case to Texas. In arriving at this decision,...more

5/28/2014 - Choice-of-Venue Commercial Bankruptcy Debt Restructuring Energy Energy Futures Holdings Jurisdiction

Leaving Las Vegas (and Wilmington, too?)

The topic of transfer of bankruptcy venue continues to percolate. There were panels on the topic at both the summer 2013 American Bankruptcy Institute Mid-Atlantic Conference, and the May 2014 annual American Bankruptcy...more

5/27/2014 - Commercial Bankruptcy Debt Debtors Jurisdiction Transfer of Venue Venue

Just When Secured Creditors Thought it Was Safe to Credit Bid Again . . . .

The ability of a secured creditor to credit bid at a bankruptcy sale was recently called into question (again) in a January 17, 2014 decision by Bankruptcy Judge Kevin Gross in the In re Fisker Automotive Holdings, Inc....more

3/13/2014 - Bids Commercial Bankruptcy Credit Bids Secured Creditors

UCC-3 Termination Statements: Can They be Trusted?

The holdings of two recent decisions from the Bankruptcy Courts of the Western District of Pennsylvania and the Southern District of New York, handed down within three days of each other in March, both affect the amount of...more

8/19/2013 - Chapter 11 Commercial Bankruptcy Creditors General Motors JPMorgan Chase Lenders Termination Statements UCC UCC Financing Statements

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