No, says the Delaware Bankruptcy Court in In re Maxus Energy Corp. In Maxus, the defendant, Vista Analytical Laboratory, Inc. (“Vista” or the “Defendant”), a designated critical vendor, sought summary judgement dismissing the...more
Yes, says the First Circuit. The First Circuit recently affirmed the District Court’s decision to deny a group of bondholders’ (the “Bondholders”) motion to have a trustee appointed for the Employees Retirement System of the...more
5/9/2020
/ Appeals ,
Avoidance ,
Bankruptcy Code ,
Chapter 9 ,
Creditors ,
Debtors ,
Judicial Appointments ,
Puerto Rico ,
Retirement Funds ,
Reversible Error ,
Trustees
Yes, says the Third Circuit. The Third Circuit recently held that the Bankruptcy Court has the authority to confirm a chapter 11 plan which contains nonconsensual, third-party releases when such releases are integral to the...more
1/13/2020
/ Bankrtupcy Confirmation Plans ,
Bankruptcy Court ,
Centers for Medicare & Medicaid Services (CMS) ,
Chapter 11 ,
Commercial Bankruptcy ,
Constitutional Challenges ,
Counterclaims ,
Creditors ,
Debtors ,
Department of Justice (DOJ) ,
Equity Investors ,
Injunctions ,
Judicial Authority ,
Lenders ,
Liquidity ,
Non-Consensual Rights ,
Reorganizations ,
Scope of Authority ,
Settlement Agreements ,
Shareholders ,
Stern v Marshall ,
Third-Party Release Agrements ,
Transfer of Assets
A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues...more
10/11/2019
/ Appeals ,
Asbestos Litigation ,
Asbestos Trust Claims ,
Commercial Bankruptcy ,
Disinterested Parties ,
Fiduciary Duty ,
Future Claims ,
Judicial Appointments ,
Legal Representatives ,
Mass Tort Litigation ,
Nominations ,
Objections ,
Standard of Review ,
Trustees