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Damages › Bankruptcy Court › Chapter 11

McDermott Will & Schulte

Eleventh Circuit sides with Fourth, Fifth Circuits on bankruptcy discharge exception split

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Addressing a split among bankruptcy courts in their interpretation of whether a corporate debtor, like an individual debtor, is subject to the exceptions to discharge outlined in 11 U.S.C. § 523(a) when confirming a...more

White and Williams LLP

Supreme Court Hits the Brakes on Boy Scouts Chapter 11 Plan

White and Williams LLP on

In a terse last-minute order, the United States Supreme Court stayed implementation of the Boy Scouts of America’s (“BSA”) confirmed Chapter 11 plan, which would have stripped thousands of survivor claimants of their ability...more

Pillsbury Winthrop Shaw Pittman LLP

Not So Fast: An Option to Purchase Real Estate May Not Always Be Rejected by the Debtor in Bankruptcy

Pillsbury Winthrop Shaw Pittman LLP on

A recent bankruptcy court decision determined that a debtor cannot reject an unexercised option for the purchase of its real estate, raising a potentially significant bar to any debtor extricating itself from an under-market...more

Jones Day

New York Bankruptcy Court Breaks from Precedent in Ruling that "Time Approach" Should Be Used to Calculate Landlord's Claim for...

Jones Day on

To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for...more

Harris Beach Murtha PLLC

Cannabis-Related Companies Can’t File Bankruptcy Until Federal Legalization

Harris Beach Murtha PLLC on

Although the use of cannabis has been legalized in approximately 39 states and the District of Columbia¹ , cannabis is still illegal federally and classified as a Schedule I drug under the Controlled Substances Act. As a...more

Womble Bond Dickinson

Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt

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The breadth and scope of the Bankruptcy Code’s automatic stay and the potential cost a company may face for violating the stay made national news last week in a dust-up between two telecom providers, when the U.S. Bankruptcy...more

Herbert Smith Freehills Kramer

District Court Upholds Damage Limitations for Lender’s Refusal to Fund: Lyondell Revisited

Herbert Smith Freehills Kramer on

In the August 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York with respect to claims brought by the litigation trust (the...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

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