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Security Interests and Liens Priorities

This practice note discusses the requirements for the attachment and perfection of consensual security interests in personal property under Article 9 of the Uniform Commercial Code (UCC). A security interest is said to attach...more

Settlement Agreements in Bankruptcy

This practice note discusses settlement agreements and the various risks to the settling parties in a bankruptcy case. Settlement agreements, and the certainty that is supposed to be created by such agreements, are subject to...more

Subordination and Recharacterization

This practice note discusses how a bankruptcy court may recharacterize documents that purport to create a loan transaction and determine that the transaction, despite labels, is something else—a transaction providing for a...more

Setoff

This practice note discusses the use of setoff by creditors as a mechanism to limit loss when a debtor has filed bankruptcy. In bankruptcy, setoff is governed by and subject to the limitations imposed by Section 553 of the...more

Oil and Gas Assets

This practice note discusses the economic and political forces impacting domestic oil and gas prices and production and how such assets are dealt with, when there exists financial distress, under the U.S. bankruptcy laws. The...more

Fundamental Procedural Fairness: The Sine Qua Non for the Enforcement of Third-Party Releases Authorized in a Foreign Proceeding

Third-party releases have perennially been a hot-button issue in U.S. chapter 11 reorganization cases and have resulted in additional scrutiny in the context of chapter 15 cases, where such releases are included in a foreign...more

[Webinar] The Energy Industry After the Election: What to Expect in 2021 and Beyond - December 1st, 12:00 pm - 1:30 pm ET

The energy industry has been at the forefront of the 2020 election, and energy development is an issue that polarizes Americans and our businesses and political leaders in choosing the path for the future. Energy developments...more

Bankruptcy Risks to Landlord When Tenant Files a Bankruptcy Case

This practice note discusses the risks to the landlord when a tenant files for bankruptcy and the steps a landlord can take to protect itself following a tenant’s bankruptcy filing. Once a tenant enters a Chapter 11...more

Anticipating and Managing Bankruptcy Risk

Blank Rome Partner Ira Herman authored “Anticipating and Managing Bankruptcy Risk,” a series of articles prepared for the Financial Restructuring & Bankruptcy module of Lexis Practice Advisor, a comprehensive practical...more

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