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Constitutional Challenges Commercial Bankruptcy

Proskauer Rose LLP

Slamming the Backdoor on Non-Consensual Third-Party Releases

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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

Jones Day

French Court Rules on Safe Harbor of Netting Agreements in Insolvency

Jones Day on

For the first time ever, a court in France has examined the compatibility of the statutory netting safe harbor with the French Constitution. The French High Court of Justice (Cour de cassation) addressed the preliminary...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

Nelson Mullins Riley & Scarborough LLP

Supreme Court to Decide Constitutionality of U.S. Trustee Fees in Chapter 11 Cases

The Supreme Court of the United States granted certiorari on Jan. 10, 2022 in a case arising out of the Circuit City bankruptcy regarding certain additional fees imposed on large Chapter 11 debtors. Most Chapter 11 debtors...more

Dorsey & Whitney LLP

The Supreme Court - January 10, 2022

Dorsey & Whitney LLP on

Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more

Jones Day

From the Top in Brief: U.S. Supreme Court Bankruptcy Roundup

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Appointment of PROMESA Financial Oversight Board Was Constitutional - In Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, No. 18-1334, 590 U.S. ___ (June 1, 2020), the Supreme Court...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – May 2020 #17

Hogan Lovells on

In Washington - COVID-19 has forced lawmakers to think outside the box in how they work remotely during the crisis.  Over 50 Democrats have signaled they plan to use proxy voting to cast a vote on the floor....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

Robins Kaplan LLP

Financial Daily Dose 11.14.2019 | Top Story: Fed Chair Talks Economy and Rates During Congressional Testimony

Robins Kaplan LLP on

Fed Chair Powell was far from the main attraction on the Hill yesterday, but hey, let’s keep it on topic here and note his belief that the U.S. economy is performing well even as certain risks—including “sluggish growth...more

Allen Matkins

Renewable Energy Update - August 2016 #2

Allen Matkins on

Renewable Energy Focus - California's regional electricity grid plan on hold - Los Angeles Times - Aug 8 - Governor Jerry Brown’s plan for a regional electricity grid is being put on hold this year, and...more

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