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American Bar Association

Practice Points »

District Court of Delaware Decides on the Safe Harbor Provision's Applicability to State Fraudulent Transfer Claims

The case is PAH Litigation Trust v. Water Street Healthcare Partners L.P.


District Court Certifies Appeal Regarding Fee Claim to Third Circuit

The court further held that section 502(d) of the Bankruptcy Code is not applicable to administrative expense claims.


Eastern District of New York Goes Its Own Way on Dischargeability of Bar Review Loan

Lenders should consider their options and students seeking loans should anticipate changes.



Articles »

Mediation Plays an Important Role in Resolving Bankruptcy Cases

By Daniel J. DeFranceschi

Chapter 11 works best and most efficiently when the restructuring is consensual.


The Third Circuit Affirms a Debtor's Ability to Reject an Expired CBA

By Zachary I. Shapiro

The court held that section 1113 applies to both expired and unexpired collective bargaining agreements.


The Southern District of New York Authorizes the Rejection of Gas Gathering Agreements

By Zachary I. Shapiro

Dismissal of a complaint without prejudice for failure to plead sufficient facts is not a final, appealable order.



Roundtables »

audio Privilege Issues in Bankruptcy: Do You Know Where the Lines Are Drawn?

A discussion of timely issues and strategies to pursue to protect you and your clients from unwitting loss or limitation of applicable privilege. (54:32)


audio Updates from the Trenches: Developments Following the Implementation of the Revised U.S. Trustee Fee Guidelines

Numerous professionals and courts have been faced with the Revised Fee Guidelines and their application in large Chapter 11 bankruptcy cases. (1:33:31)


audio Fifth Circuit Bankruptcy Judges Discuss Restructuring Hot Topics

Three highly esteemed Fifth Circuit bankruptcy judges discuss timely restructuring hot topics. (1:02:48)



SOUND ADVICE »

audio Settlements in Bankruptcy

Delaware litigators Marcos Ramos and Rachel Biblo explain why you might need to put in a little extra time to fully understand the unique nature of bankruptcy settlements.


audio The Revised U.S. Trustee Fee Guidelines

New guidelines help clarify and codify rules pertaining to trustee fees. Curtis Miller outlines the seven major changes to the guidelines and hints at their implications for the future.


audio Bankruptcy Litigation Basics

Bankruptcy attorney Mark Platt examines how litigating in bankruptcy court is different from litigating in state court. (08:01 min)


 
Announcements »

The Committee at SAC 2015

The Bankruptcy & Insolvency Litigation Committee is holding a meeting at the Section Annual Conference 2015 in New Orleans, Louisiana.


Bankruptcy Litigation: Fall 2014

The latest issue of the Bankruptcy Litigation newsletter is now available.


Seeking Contributors

The Bankruptcy & Insolvency Litigation Committee is looking for authors for articles about bankruptcy and related cases. Please contact Dan DeFranceschi for more information.


 
Bankruptcy & Insolvency Litigation Leadership

Cochairs Publication Chairs

Melissa Root

Chicago, IL


Curtis Miller

Wilmington, DE

Daniel J. DeFranceschi

Wilmington, Delaware
Newsletter


Marcos Ramos

Wilmington, Delaware
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