Your guide to the basics of preference actions and common defenses.

Did the appointment of equity committees result in better returns in Horsehead Holding Corp. and Energy XXI?

It remains to be seen whether this decision will affect the Second Circuit’s decision.

At least two of the six bankruptcy judges hold that unredeemed gift cards are not entitled to priority status under 507(a)(7).

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

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

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

This decision deals a harsh blow to estate professionals.

Read about Chapter 11 reforms in the new report.

Jevic is the first circuit court decision to affirmatively rule on the issue of whether the Bankruptcy Code allows for structured dismissals.

A challenging endeavor made easy.

Judge Kevin Carey provides significant guidance to debtors and landlords calculating rejection damages claims.

The Second Circuit outlines the circumstances.

A recent Third Circuit decision makes it clear.

Each case must be decided on its unique facts.

Both debtors and secured creditors must be aware of the notable consequences of accelerating mortgages.

Timing is everything.

A retainer remains property of the law firm, not the client.

Be aware of the pitfalls and benefits before venturing down this path.

Learn why the court limited the scope in the context of a debtor's attempt to settle with its primary insurer.

Learn why these revisions will aid the smooth flow of traffic through various courts.

The consequences of asserting the Fifth Amendment in bankruptcy proceedings.

The committee is pleased to present an interview with a bankruptcy judge for the Northern District of California.

This portion of the Bankruptcy Code may serve as a Trump card for debtors facing expired collective bargaining agreements.

This portion of the Bankruptcy Code may serve as a Trump card for debtors facing expired collective bargaining agreements.

Entities are generally made bankruptcy remote for the benefit of one or more key classes of creditors or equity holders.

Unlike most non-bankruptcy representations, simply pleasing the client is not enough to get the bill paid.

The court adds a little subjectivity to Section 548(c) rulings from other circuits.

Learn the allowances, advantages, and pitfalls of this trial technique.

History shows that the badges evolve to keep up with the creative spirit of those who commit fraud.

Careful consideration must be given to many factors before interpreting this test's results.

The committee is pleased to present an interview with the chief U.S. bankruptcy judge for the District of New Hampshire.

The Court's ruling reaches the result that lower courts consistently arrived at prior to Stern v. Marshall.

Familiarity with certain issues that arise in bankruptcy litigation can help you better protect your client’s economic interest.

Are no agreements binding until approved by the court?

This Federal Rule of Civil Procedure undergoes possible revisions.

A look at Section 548 of the Bankruptcy Code.

Know the various pitfalls and pratfalls experienced by mediating attorneys.

The broad concern is the lack of case law or Bankruptcy Code section that specifically addresses this issue.

In reviewing business valuation reports, it is critical to ask, "What are we valuing?"

Four circuits have addressed this question, each with different outcomes.

Four circuits have addressed this question, each with different outcomes.

The troubled Motor City satisfies a key condition to bankruptcy filing.

Identify what can hurt clients when you prosecute an appeal.

More and more bankruptcy and district courts have compelled arbitration against debtors or their trustees.

Mediation? I don't need no stinkin' mediation!

Create models that predict financial failure.

How to use the method effectively in bankruptcy contexts.

In re NE Opco, Inc., or Why You Should Have Paid More Attention in Physics Class.

The committee is pleased to present an interview with a bankruptcy judge for the Eastern District of Kentucky.

Using information from your statements to note potential risks.

New short line railroads face costs that could lead to future bankruptcy cases.

The definition of hearsay is fairly straightforward, but there are so many exceptions that they start to subsume the definition.

The court's opinion should be carefully considered by any parties involved in a contested confirmation involving cramdown of unsecured claims.

Keep track of both sides of the balance sheet when calculating damages.

The High Court finally defined the term "defalcation."

Understanding cap rates is crucial in supporting or challenging valuation opinions.

The sixth in a series analyzing trends in interpreting the Stern decision.

A helpful resource guide for attorneys and judges in considering and addressing electronic discovery and ESI issues in bankruptcy cases.

This fifth part in the series is a synthesis and discussion of the cases that have meaningfully discussed Stern from October 16, 2012, through January 15, 2013.

A judge gives her expert views on nonexpert witnesses.

The committee is pleased to provide an interview with a United States Bankruptcy Judge for the Northern District of Illinois.

A judge gives her expert views on nonexpert witnesses.

While bankruptcy litigants need to call experts to testify about scientific issues, more frequently they call nonscientific experts.

While bankruptcy litigants need to call experts to testify about scientific issues, more frequently they call nonscientific experts.

A used pickup truck may provide guidance for a multi-billion-dollar commercial mortgage portfolio.

What happens when a trustee sells an asset that the estate did not own?

The number of sources citing Stern exceeded the 1,000 mark in early July 2012.

Bankruptcy professionals encounter complex issues when dealing with fraudulent conveyance claims, and other issues related to analyzing solvency.

Defeating a hearsay objection to the admission of an appraisal report is only one hurdle that parties have to jump if they want to use an appraisal report to prove value.

This fourth part in the series is a synthesis and discussion of the cases that have meaningfully discussed Stern from July 16, 2012, through October 15, 2012.

The committee is pleased to provide an interview with Hon. James P. Smith, U.S. Bankruptcy Judge for the Middle District of Georgia.

This is the second in a four-part series addressing the issues bankruptcy professionals encounter when dealing with fraudulent conveyance claims and other issues related to analyzing solvency.

While the filing of a bankruptcy case typically means that a receiver is required to turn over the assets to representatives of the estate, but it is not a foregone conclusion that the receiver must step aside.

One of the most powerful tools in a lawyer's valuation arsenal is the report of a professional “valuer.”

This article is the second in a multipart series that provides an overview of trends in interpreting Stern v. Marshall.

A judge gives her expert views on nonexpert witnesses.

This article is the first in a four-part series addressing the complex issues bankruptcy professionals encounter when dealing with fraudulent conveyance claims and other issues related to analyzing solvency.

This article is the first in a four-part series addressing the complex issues bankruptcy professionals encounter when dealing with fraudulent conveyance claims and other issues related to analyzing solvency.

This article is the first in a multipart series that will provide an overview of trends in how courts are interpreting Stern v. Marshall.

Common criticisms of litigation, namely time and expense, can be primarily attributed to discovery.

The committee is pleased to provide below an interview with the Honorable Tracey N. Wise, Chief United States Bankruptcy Judge for the Eastern District of Kentucky.

Counsel's reliance on a client lender's information systems can lead to the imposition of sanctions against not only the client, but also against counsel.

An insightful interview with the Honorable Shelley C. Chapman, U. S. Bankruptcy Judge for the Southern District of New York.

This is the fourth article in a four-part series on quandaries for bankruptcy trustees as they evaluate contingent liabilities against, and the solvency of, companies in bankruptcy.

Second Circuit holds that a chapter 11 debtor's pre-petition payments for early redemption of its publicly traded commercial paper were “settlement payments” under section 546(e) of the Bankruptcy Code.

Miller v. Mitsubishi proves the importance of providing factual allegations in the complaint to support pleading preference claims.

Just as bankruptcy follows bank failure, often litigation follows in the form of derivative or direct claims against officers and directors of the failed bank and its holding company.

Courts have split on Chapter 13 issues with decisions turning on plan-vesting provisions, the nature of the cause of action, and the debtor's chosen exemption scheme.

The committee is pleased to provide an interesting and insightful interview with the Honorable H. Christopher Mott, U.S. Bankruptcy Judge for the Western District of Texas.

The valuation of contingent liabilities remains an evolving area for valuation professionals, with best practices continuously being challenged and revised.

The Bankruptcy Code provides no clear guidance on the question of whether creditor silence should be deemed an acceptance or a rejection, and case law has not provided consistent guidance.

The sharp increase in the number of bankruptcy cases has been coupled with a similar mushrooming of bankruptcy-related litigation.

It is always helpful to understand what is going on in the mind of the person who is going to hire you as counsel.

Current accounting requirements for contingencies present many challenges to companies and practitioners.

It is not uncommon for a company with a defective product, significant litigation, or both to find itself in bankruptcy.

Second part of the two-part series on ruling on a debtor’s attempt to retain the right to pursue claims and causes of action after confirmation.

Ruling on a debtor’s attempt to retain the right to pursue claims and causes of action after confirmation.

Two recent decisions denied substantial contribution requests by two different groups of creditors.

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