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Preemption Bankruptcy Court

Holland & Knight LLP

Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

Holland & Knight LLP on

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery...more

Kramer Levin Naftalis & Frankel LLP

Delaware Bankruptcy Court Upholds Bankruptcy Code Pre-emption Invalidating Pre-Petition Claims as Part of Post-Petition KERP

The Delaware Bankruptcy Court, in In re Old BPSUSH Inc., Case No. 16-12373 (Bankr. Del. June 1, 2018) [Docket No. 1787], upheld provisions in a post-petition key employee retention plan (KERP) that provided for a waiver of...more

Nossaman LLP

Bankruptcy Court Decides That The Bankruptcy Code Preempts California State Pension Laws

Nossaman LLP on

In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's bankruptcy plan of adjustment. In re City of Stockton, 2015 Bankr....more

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