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Jones Day

Washington Bankruptcy Court Approves Chapter 11 Plan Exculpation and Release Provisions

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There is longstanding controversy concerning the validity of release and exculpation provisions in non-asbestos trust chapter 11 plans that limit the potential exposure of various parties involved in the process of...more

Robins Kaplan LLP

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

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We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Troutman Pepper

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

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Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by...more

Carlton Fields

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

Carlton Fields on

A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

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