Recently in the Abengoa SA bankruptcy proceeding (click here to review prior post), the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to reject certain nonresidential real property leases (the “Rejection Order”).

Updates

In a pair of recent decisions,1two federal courts in the Southern District of New York have broadly interpreted Section 316(b) of the Trust Indenture Act (“TIA”)2to limit the ability of parties to strip guarantees from dissenti

Expedited discovery. No jury trial. Written proffers in place of live testimony. Welcome to the wonderfully strange world of bankruptcy litigation.

On March 26, The Honorable Andrew S. Hanen, United States District Judge for the Southern District of Texas, affirmed a Bankruptcy Court’s $5 million fee award to Baker Botts for successfully defending its fee application in the ASARCO LLC bankruptcy case.

In preparing a statement supporting the determination that recusal from a bankruptcy proceeding was unnecessary, U.S. Bankruptcy Court Judge Richard E. Fehling quoted Master Sergeant Georg Hans Shultz from the television sitcom Hogan’s Heroes: “I KNOW NOTHING!  NOTHING!”

Criminal defendants facing onerous restitution obligations as part of their sentence might contemplate a bankruptcy filing, in the hope of staving off the restitution obligation. In a case of first impression, the Second Circuit recently considered whether the Bankruptcy Code’s automatic stay provision halts a defendant’s obligation to pay restitution and firmly closed the door on that potential gambit.

Introduction

Introduction

Presumed Reasonable Absent Certain Circumstances