What's New
The latest insolvency news to read, watch and share.
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12:33Watch VideoLegal Tech Interview: Thomas Hamilton of ROSS Intelligence
Listen in as Robert Ambrogi discusses artificial intelligence and the impact on the legal and bankruptcy sectors with Thomas Hamilton, VP of Strategy and Operations at ROSS Intelligence.
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Privacy Protection and Data Security in Health Care-Related Bankruptcies
Among the most important considerations in any bankruptcy case, protecting privacy and safeguarding data becomes exponentially more complex in cases involving health care institutions.
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Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements
Chapter 7 attorneys’ fees are not an administrative expense, and attorneys fear that unpaid, pre-petition fees are subject to the automatic stay and discharge.
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Read ArticleWe Need Your Input!
Be on the lookout for a survey from McKinley Advisors. Give us your opinion and win a prize!
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Read ArticleNominate Today!
Know a Young Leader? Applications Available.
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Read ArticleIRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged
Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.
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Read ArticleMay Commercial Bankruptcy Filings 2008-18
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Read ArticleEye on Bankruptcy Streaming Series
Complimentary ~ June 28 @ 1 PM ET
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Read ArticleMay Total Bankruptcy Filings 2008-18
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Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?
A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.
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Read ArticleGM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
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Read ArticleRepresentations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
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4:41Watch VideoRochelle's Weekend Update
Find out why a 5th Circuit judge avoided ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily. Watch this week's video from ABI's B
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Read ArticleIn re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
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28:32Watch VideoHow Artificial Intelligence and Technology Is Changing the Practice of Law
Prof. Lois Lupica discusses the potential ways that Artificial Intelligence will change the way that bankruptcy practitioners do business.
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The Coming U.S. Farm Crisis
The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.
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Read ArticleCourts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
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Foreclosure Tuesday in Georgia
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
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Read ArticleNinth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
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Read ArticleReverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
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Read ArticleSupreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
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Read ArticleCan You Lose a Licensed Mark in Bankruptcy? Reality and Considerations
Parties can build in protections that reduce the risk of rejection in bankruptcy, including placing the trademarks in a separate bankruptcy protected or remote entity and/or obtaining a lien [...]
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