WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that...more
Agricultural bankruptcies present special and specific issues. The nature of the collateral and the seasonality of the business present a host of questions that need to get answered in order to preserve any value in the...more
The term “small business debtor” originated in 1994 with Congress’s first attempt at a streamlined chapter 11 process for businesses that had insufficient assets to fund a typical bankruptcy reorganization....more
So you’ve won a judgment against a Florida company or individual. Now what? Creditors that want to enforce and collect upon a judgment in Florida should be aware of recent changes to Florida statutes regarding the enforcement...more
2/20/2019
/ Amended Legislation ,
Creditors ,
Debtors ,
Due Process ,
Enforcement ,
Foreign Judgments ,
Fraudulent Conveyance ,
Insolvency ,
Look-Back Measurement Period ,
Pleading Standards ,
Proceedings Supplementary ,
Statutory Interpretation
We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more
1/17/2019
/ Automatic Stay ,
Bankruptcy Code ,
Business Judgment Rule ,
Chapter 11 ,
Coal Industry ,
Commercial Bankruptcy ,
Debtors ,
Electricity ,
Energy Contracts ,
Energy Sector ,
Executory Contracts ,
Federal Power Act ,
FERC ,
Filed-Rate Doctrine ,
Injunctions ,
Jurisdiction ,
Power Plants ,
Power Purchase Agreements ,
Public Interest ,
Renewable Energy ,
Section 365 ,
Utilities Sector ,
Wholesale
“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell...more
1/15/2019
/ Banking Sector ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Extraterritoriality Rules ,
Foreign Bankruptcies ,
Foreign Financial Institutions (FFI) ,
Jurisdiction ,
Safe Harbors
Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more
Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more
11/28/2018
/ Asset Freeze ,
Borrowers ,
Commercial Bankruptcy ,
Consumer Bankruptcy ,
Creditors ,
Debt Restructuring ,
Debtors ,
Foreclosure ,
Fraud ,
Lenders ,
Litigation Strategies ,
Loans ,
Receivership ,
Sale of Assets ,
Tangible Property
U.S. Bankruptcy Courts present unique challenges for non-US entities. In this episode, Lee Hogewood (Raleigh), Sven Nylen (Chicago), and host Jeffrey Kucera (Miami) discuss how they have helped non-US entities overcome...more
10/24/2018
/ 363 Sales ,
Asset Purchaser ,
Bankrtupcy Confirmation Plans ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Creditors ,
Cross-Border Transactions ,
Debtors ,
Lenders ,
Non-US Entities ,
Sale of Assets ,
Transparency ,
Trustees