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Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees Image

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees

Sheryl P. Giugliano

The U.S. Court of Appeals for the Ninth Circuit recently held in <i>Blixseth v. Brown</i> that under <i>Barton v. Barbour</i>, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that <i>Stern v. Marshall</i> does not preclude bankruptcy courts from adjudicating such claims on the merits.

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Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

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Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien Image

Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien

David M. Hillman & James T Bentley

This article focuses on the impact of section 552 of the Bankruptcy Code, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

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The Chapter 9 Crucible Image

The Chapter 9 Crucible

Ron Oliner & John R. Weiss

Any bankruptcy practitioner, upon first contact with a municipal bankruptcy case, may be shocked by the lack of substantive law to be found in Chapter 9. The dearth of detail has long caused bankruptcy lawyers and courts to turn to the far more substantive provisions of Chapter 11 for practical guidance.

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Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font> Image

Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>

Amy L. Drushal & Lara Roeske Fernandez

There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.

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Application of Bankruptcy Law to Internet Assets Image

Application of Bankruptcy Law to Internet Assets

Jonathan Bick

Internet assets generally, and Internet asset licenses in particular, are increasingly subject to bankruptcy proceedings.

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What Constitutes 'Proper' Notice? Image

What Constitutes 'Proper' Notice?

Bruce Buechler

Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.

Features

Client Data in the Age of Digital Technologies and Cyber Warfare Image

Client Data in the Age of Digital Technologies and Cyber Warfare

Tinamarie Feil

Ubiquitous news of law firm data breaches, even among BigLaw, spotlights a treasure trove of trade secrets, confidential and strategic transactions, and sensitive client information. No wonder law firms are perceived to be attractive targets of cyber-attacks. Attractive? You can't help that. Easy? Not so fast.

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Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case Image

Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case

Alan R. Glickman, David M. Hillman, Ronald B. Risdon & Minji Reem

On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in <i>Marblegate Asset Management, LLC v. Education Management Finance Corp.</i>, construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.

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