
Buyer Beware: The Utility Of Acquired Claims May Be Limited By The Purity Of The Buyer’s Motive
The American Bankruptcy Institute recently published Mr. Glasser’s summary of a recent decision by the Ninth Circuit BAP. Click here to view the original article. Citation: Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No ...
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Are Law Firms Keeping Pace With The Rate Of External Change?
Today, the Washington Post is reporting that the venerable law firm of Dewey & LeBoeuf has inched at least one step closer to bankruptcy. Click here for the Post article. If the firm cannot negotiate a merger with Patton Boggs or ...
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A Survey Of State Law Regarding Forum-Selection Clauses
Introduction Often companies that contract with parties in various states are faced with litigation across various forums. Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive. To help minimize this problem, ...
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Bankruptcy Courts Largely Silent On Whether They Can Police Their Own Limited Authority Under Stern V. Marshall
Almost a year has passed since the Supreme Court issued its landmark decision in Stern v. Marshall.[1] And courts and commentators are all over the map about the limits that Stern placed on the bankruptcy courts’ authority. Despite extensive published discourse regarding Stern’s constitutional importance, ...
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In Re: C.W. Mining Company, D/B/A Co-Op Mining Company, Debtor. Standard Industries, Inc.: C.O.P Coal Development Compant V. Aquila, Inc.: Kenneth A. Rushton, Trustee; C.W. Mining Company
(Originally posted to http://volo.abi.org/circuits/10th by Dan Glasser) Stay violation sanctions, authorized under 11 U.S.C. 105, may include monetary and non-monetary relief. To the extent that monetary sanctions are at issue, such relief is available under Bankruptcy Rule 9014 and no ...
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