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The Uncertain World for Individual Chapter 11 Debtors
Individuals have always had a difficult time reorganizing under Chapter 11, and many who represent individual debtors believed that the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA” or “2005 Amendments”) would make it easier for individuals to operate and reorganize under Chapter 11. Several amendments to the Chapter 11 provisions of the U.S. Bankruptcy Code were added and amended to create a similar path that individuals follow under Chapter 13. Unfortunately, either as an oversight or by design, certain provisions that exist under Chapter 13 were not included in the Chapter 11 provisions, and recent cases have made the reorganizations of individual Chapter 11s in those jurisdictions as difficult as prior to the BAPCPA. This article discusses the major uncertainties that currently exist in these types of cases.
Post-Petition Income
BAPCPA added Code ' 1115, which added to property of the estate under ' 541 all “earnings from services performed by the debtor after the commencement of the case.” This provision is identical to Code ' 1306 that exists for Chapter 13 cases, and one would expect it to operate in a Chapter 11 case with similar results. But because of the failure of Congress to also amend companion sections relating to post-petition operations, the Chapter 11 debtor must face obstacles that do not exist for the Chapter 13 debtor.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.