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Tax sharing agreements in bankruptcy – a tale of two jurisdictions

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USA, Insolvency & Restructuring, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Holding company, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
Stay here – Second Circuit in Residential Capital holds automatic stay can be applied to non-debtors where action has an immediate adverse economic consequence for estate

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USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Debtor, Mortgage-backed security, Federal Housing Finance Agency, Second Circuit, Fourth Circuit
Bad faith filing no obstacle for hotel reorganization

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USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Injunction, Foreclosure, Bad faith, United States bankruptcy court, Fifth Circuit
5 tips for trial lawyers in bankruptcy court

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

USA, Insolvency & Restructuring, Litigation, Baker Botts LLP
What matters: A review of 2011 and 2012

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
U.S. District Court affirms bankruptcy court’s $5 million defense fee award to the firm in the ASARCO case

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.

USA, Texas, Insolvency & Restructuring, Litigation, Baker Botts LLP, Fifth Circuit, US District Court for Southern District of Texas
Forget about buying your way out of “cramdown” in the Ninth Circuit

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USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
Trademark licensees do not need the protection of Section 365(n) to continue to use property post-rejection

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USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Seventh Circuit
Channel surfing – a look at recent circuit decisions on 524(g) channeling injunctions

Channel 1 – Thorpe Insulation Addresses Insurer Standing to Object to Plan and Assignability of Insurance Contracts to Plan Trusts

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USA, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Injunction
Tarnishing the debtor’s Halo – police power exemption applied to private actions

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USA, Insolvency & Restructuring, Litigation, Telecoms, Kramer Levin Naftalis & Frankel LLP, Fifth Circuit