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Constitutional Challenges Bankruptcy Court Commercial Bankruptcy

Proskauer Rose LLP

Slamming the Backdoor on Non-Consensual Third-Party Releases

Proskauer Rose LLP on

Non-Consensual Third-Party Releases are Not Permissible in Section 363 Sales or Rule 9019 Settlements, Regardless of the Suggestions of Some Bankruptcy Courts...more

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Confirms Refunds as the Remedy for Overpayment of U.S. Trustee Fees

We have previously discussed the growing list of judicial decisions addressing the appropriate remedy for overpayment of U.S. Trustee (“UST”) quarterly fees.  In U.S. Tr. Region 21 v. Bast Amron LLP (In re Mosaic Mgmt. Grp.,...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reaffirms that Debtor Can Obtain Refund for Non-Uniform Bankruptcy Fees

We have previously blogged about Siegel v. Fitzgerald, the Supreme Court decision last June that invalidated the 2018 difference in fees between bankruptcy cases filed in Bankruptcy Administrator judicial districts and U.S....more

Patterson Belknap Webb & Tyler LLP

Supreme Court Refuses to Consider the Constitutionality of the Equitable Mootness Doctrine

The doctrine of equitable mootness is in the news again.  The Supreme Court recently denied a cert. petition in a case where the petitioner wanted the doctrine ruled unconstitutional. KK-PB Financial LLC v. 160 Royal Palm...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead

A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more

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