The Bomb and the Bankruptcy
Award-winning Author Beth Macy at Temple Law School to discuss the opioid crisis with a panel of experts, including host Professor Jonathan Lipson.
Bankruptcy
10-Q&A Episode 15: A Lifetime of Lessons in Law and Business – An Interview with Randy Kominsky
Randy Kominsky (LAW ’79) shares why clerkships are invaluable to transactional attorneys, what it was like navigating one of the largest airline bankruptcies in history, and how every young professional can improve their odds for success. Interviewer: Nate Trager (LAW ’22; MBA ’22) Guests: Randy Kominsky
LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue
Hannah Travaglini (LAW ’21) of Montgomery McCracken co-authored an article with Edward Schnitzer discussing the recent court decision in the LeClairRyan bankruptcy and, more broadly, the tax ramifications of different corporate entity structures during bankruptcy.
Vertical Forum Shopping in Bankruptcy
Professor Jonathan Lipson discusses the emerging issue of vertical forum shopping in chapter 11 bankruptcy cases.
10-Q&A Episode 14: Lessons from the first year in practice
First-year attorneys and 10-Q alumni share what it’s like transitioning into practice as corporate attorney, judicial law clerk, and bankruptcy and restructuring associate. Interviewer: Nate Trager (LAW ’22; MBA ’22) Guests: Andrew LeDonne (LAW ’21), Associate at Morgan, Lewis & Bockius LLP; Jonathan Shahar (LAW’21), Judicial Law Clerk, First Judicial District of Pennsylvania; and Michael
Fundamental Procedural Fairness: The Sine Qua Non for the Enforcement of Third-Party Releases Authorized in a Foreign Proceeding
Matthew E. Kaslow (LAW ’15) of Blank Rome LLP co-authored an article discussing the hot-button issue of third-party releases in U.S. bankruptcy cases, in the context of chapter 15 cases involving foreign restructuring.
US Quarterly Fee Differential Ruled Unconstitutional
: On May 25, 2021, the U.S. Court of Appeals for the Second Circuit reaffirmed the U.S. Constitution’s requirement of uniformity in bankruptcy legislation and rulemaking.
Third Circuit Clarifies What Makes a Contract “Executory” Under the Bankruptcy Code
: On May 21, 2021, the Third Circuit issued an opinion in the high-profile bankruptcy of The Weinstein Company, LLC (TWC) clarifying precisely what ingredients are needed to make a contract “executory” under § 365 of the Bankruptcy Code.
New York Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties
The State of New York Court of Appeals has held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to preemption under federal bankruptcy law.
CFPB Adopts Strict Liability Standard for Debt Collectors Who Sue or Threaten Suit Over Time-Barred Debt
On January 19, 2021, the Consumer Financial Protection Bureau (CFPB) published its final debt collection rules in the Federal Register, including 12 C.F.R. § 1006.26(b), which prohibits collections of time-barred debt. Under the new rules, collectors who sue or threaten to sue consumers for time-barred or “zombie” debts ‒ debts for which the statute of limitations already expired ‒ violate the Fair Debt Collection Practices Act (FDCPA).