Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
W.R. Grace makes more law on channeling injunctions.
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.