Constitutional Law | JD Supra Legal News, Updates, Analysis, & Information

Asset Sales in Bankruptcy: An Important Decision

by Patterson Belknap Webb & Tyler LLP on 5/1/2012

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

Appointing An Examiner is not a Simple Task

by Potter Anderson & Corroon LLP on 5/1/2012

Three cases provide examples of situations in which the courts considered an outside overseer. Allegations of impropriety by a bankrupt company's management can fuel heated litigation in bankruptcy cases — including...more

Northern Mariana Islands Retirement Fund Files For Bankruptcy [Video]

by Bloomberg Law on 4/25/2012

April 25 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle at the American Bankruptcy Institute's Annual Spring Meeting in Washington DC about a...more

A Bad Day For Bad Boy Guarantees: The Cherryland Mall Case And The Legislative Reaction To The Birth Of The "Non" Non-Recourse...

by McKenna Long & Aldridge LLP on 4/19/2012

Non-recourse as the norm: During CMBS’ halcyon days between the years of 2001 and 2007, over $750 billion dollars of commercial securitized loans were originated. CMBS borrowers were eager to enjoy the lower interest rates,...more

Preventing a Windfall: Getting a Dismissal When Plaintiff Fails to Disclose the Claims in Bankruptcy

by Sedgwick LLP on 4/13/2012

The bankruptcy code provides protection and relief to individuals facing insurmountable debt, but it carries certain obligations and limitations, notably requiring them to list all of their assets, including any claims or...more

Stern v. Marshall Updates – DC Bankruptcy Court Has Jurisdiction to Hear State Law Counterclaims

by Cadwalader, Wickersham & Taft LLP on 4/11/2012

In GB Herndon, the District of Columbia Bankruptcy Court determined that it had constitutional authority to determine state common law counterclaims and state law claims against nondebtor codefendants. Adams Nat’l Bank v. GB...more

Can I keep all my assets in bankruptcy? (Part 3)

by George Bourguignon on 3/5/2012

Do you want to know more about how or if you will keep all your assets in bankruptcy? Do you want to know ways to try and keep your assets, or maybe increase your chances? Then you may want to read this post that discusses...more

In re Thorpe Insulation Company: The Non-Settling Insurers Strike Back

by Cadwalader, Wickersham & Taft LLP on 3/1/2012

On January 24, 2012, Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit held that an appeal filed by certain insurance companies with respect to a plan confirmation order was not moot and that such...more

Ninth Circuit Finds that Orders Denying Removal of a Trustee Are Not Subject to Appeal

by Cadwalader, Wickersham & Taft LLP on 2/17/2012

In SK Foods, affiliates of the debtor brought a motion to remove the trustee on the grounds that the trustee’s seizure and refusal to return documents belonging to the appellants, but stored at the debtors’...more

Amended Standing Order of Reference, 12 Misc. 00032 (S.D.N.Y. Jan. 31, 2012).

by Cadwalader, Wickersham & Taft LLP on 2/7/2012

On January 31, 2012, Southern District of New York Chief Judge Loretta A. Preska issued an Amended Standing Order of Reference, providing that (i) bankruptcy judges may submit proposed findings of fact and conclusions of...more

Judicial Restraint in the Early Days Following Stern v. Marshall

by Morrison & Foerster LLP on 11/30/2011

Over five months have passed since the United States Supreme Court entered its landmark decision of Stern v. Marshall, 131 S. Ct. 2594 (2011) [2011 BL 165774] the Court’s first key ruling in decades on bankruptcy court...more

Citizen of a State under Article IV, Section 2, Clause 1 can be a litigant in federal court

by Dan Goodman on 11/26/2011

The Fourteenth Amendment was adopted on July 28, 1868. The Fourteenth Amendment according to the Supreme Court of the United States, in the Slaughterhouse Cases, changed citizenship under the Constitution. ...more

Harrisburg Filing Tests the Boundaries of Chapter 9

by Duane Morris LLP on 11/23/2011

The insolvency of Pennsylvania's capital city of Harrisburg is unsurprising to anyone watching the disaster slowly unfold over the past several years. With the recent controversial filing, approved by a slim majority of the...more

No Surprise Here

by Charles (Chuck) Rubin on 10/24/2011

There has been quite a bit of buzz about a recent bankruptcy case involving an Alaska asset protection trust. However, the case merely confirms a weakness in the use of domestic asset protection trusts that was obvious even...more

$499 Bankruptcy – Is that for real????

by Aaron Nielson on 10/13/2011

$499 Bankruptcy – Is that for real???? $499, $899, low price, or free bankruptcy advice were a few of the advertisements I saw while searching bankruptcy terms today on Google. Most of these ads were appearing in the Google...more

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Constitutional Law – May 23, 2012

Narrowed by: Bankruptcy