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    Bankruptcy Judge = A Mediator in the Judge’s Own Court: An Old and Meritorious Idea
    2022-10-11

    Many years ago, back when mediation is a rarity in bankruptcy disputes, I asked an old-timer this question:

    Why is the bankruptcy system a lagging adopter of mediation?”

    A Surprising Answer

    The old-timer gave this surprising answer:

    “At the time of the Bankruptcy Code’s enactment, the bankruptcy judge was viewed as a mediator in the judge’s own court.”

    The old-timer added this.  When the Bankruptcy Code was enacted:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Mediation, United States bankruptcy court
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Bankruptcy Judge = A Mediator in the Judge’s Own Court: An Old and Meritorious Idea
    2022-10-11

    Many years ago, back when mediation is a rarity in bankruptcy disputes, I asked an old-timer this question:

    Why is the bankruptcy system a lagging adopter of mediation?”

    A Surprising Answer

    The old-timer gave this surprising answer:

    “At the time of the Bankruptcy Code’s enactment, the bankruptcy judge was viewed as a mediator in the judge’s own court.”

    The old-timer added this.  When the Bankruptcy Code was enacted:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Mediation, United States bankruptcy court
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Bankruptcy Court Continues to be a Battleground on Key Healthcare Provider Issues
    2022-10-10

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Ninth Circuit
    Authors:
    Jody A. Bedenbaugh
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Is the tidal wave approaching?
    2022-10-06

    For a decade or more, restructuring professionals have predicted the coming of a bankruptcy boom. This may be the year those predictions finally come true. Inflation, interest rates, supply chain issues, global conflict and domestic politics have created a challenging macro environment. At the same time, dry powder abounds, with new distressed debt funds cropping up daily. Will this result in a bankruptcy tidal wave, or an increase in workouts and distressed M&A? Perhaps all of the above.

    Filed under:
    USA, Insolvency & Restructuring, Bankruptcy, Supply chain
    Location:
    USA
    Inflation + Customer/Vendor Contracts = Bankruptcy?
    2022-10-05

    Over the last two years, courtesy of a once-a-century pandemic, government-mandated business closures, nationwide stay-at-home orders, and—unprecedented—disruptions to the global supply chain have illuminated, previously unknown, vulnerabilities across a whole host of industries. Would anyone have seriously questioned the viability of office space two years ago? Now, inflation, in keeping with the recent chaos, may be upending the viability of another tried-and-tested institution: the supply contract.

    Filed under:
    USA, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Supply chain
    Authors:
    Gregory G. Hesse
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Another Victim of the Crypto Winter
    2022-09-23

    On September 22, 2022, Compute North Holdings, Inc. and certain affiliates filed bankruptcy in the Southern District of Texas in Houston. The company describes itself as “a leader in data centers, focused on delivering sustainable, cost-effective infrastructure for customers in the blockchain, cryptocurrency mining and distributed computing space.” SeeDeclaration of Harold Coulby, Chief Financial Officerand Treasurer of the Debtors (Doc. 22).

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Blockchain, Bankruptcy, Bitcoin, Cryptocurrency, US District Court for Southern District of Texas
    Location:
    USA
    Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases
    2022-09-28

    On Sept. 19, the U.S. District Court for the Eastern District of Virginia entered an order1 adopting the report and recommendation, or R&R, of the chief bankruptcy judge2 approving the fee applications of three law firms in the retail group bankruptcy cases, including the requested national rates.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy
    Authors:
    Jason W. Harbour , Justin F. Paget
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Bankruptcy Court Narrowly Construes Section 546(e) Safe Harbor
    2022-09-26

    The Bankruptcy Protector

    On August 18, 2022, the United States Bankruptcy Court for the Southern District of Indiana, in In re BWGS, LLC, No. 19-01487-JMC-7A, 2022 WL 3568045 (Bankr. S.D. Ind. Aug. 18, 2022), narrowly interpreted the safe harbor provision in section 546(e) of the Bankruptcy Code by refusing to dismiss a lawsuit against a guarantor whose liability was eliminated by the debtor’s payment to the bank that held the guarantee.

    Overview on Section 546(e) of the Bankruptcy Code

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Private equity, US Congress
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Marijuana Bankruptcy: The Answer is Still “No”
    2022-09-21

    The struggles of failing marijuana businesses to wind down and pay creditors in an orderly fashion serve no one. Among the problems marijuana businesses face such as lack of access to banking and onerous taxation stemming from IRC 280E is the lack of access to bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bankruptcy, Cannabis, Insolvency
    Location:
    USA
    Bankruptcy 101: 363 Sales- Bankruptcy Basics for New and Non-Bankruptcy Attorneys
    2022-09-21

    The Bankruptcy Protector

    Bankruptcy Basics for New and Non-Bankruptcy Attorneys

    This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will discuss sales of assets “free and clear” under section 363 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Due diligence
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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