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Delaware Bankruptcy Court Issues Decision on Whether a Debtor Can Be a “Financial Participant”

PBWT

We have blogged previously about section 546(e) , the Bankruptcy Code’s safe harbor for certain transfers otherwise subject to avoidance as preferences or fraudulent transfers. In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” See 11 U.S.C. § § 546(e).

Debtor 59
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Television Production Contract is not Personal Service for Purposes of Assumption and Assignment Under Section 365(a) of the Bankruptcy Code

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) provides under section 365(a) that a debtor in possession may, “subject to the court’s approval… assume or reject any executory contract or unexpired lease of the debtor.” [1]

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Non-Bankruptcy Litigation in Bankruptcy Court

PBWT

It seems to be a common misunderstanding, even among lawyers who are not bankruptcy lawyers, that litigation in federal bankruptcy court consists largely or even exclusively of disputes about the avoidance of transactions as preferential or fraudulent, the allowance of claims and the confirmation of plans of reorganization.

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184 Burr & Forman Attorneys Named Among the 2022 Best Lawyers in America

Burr Forman

David Houston IV – Nashville, Litigation and Bankruptcy. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Christopher Carson – Commercial Litigation, Litigation – Bankruptcy, Mass Tort Litigation / Class Actions – Defendants. Rion Foley – Charleston, Public Finance Law.

Lawyers 105
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Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

PBWT

Bankruptcy Judge Karen B. Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. Perfect your liens on time or you may lose them. in her recent decision.

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158 Burr & Forman Attorneys Named Among The 2021 Best Lawyers in America

Burr Forman

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ed Christian – Corporate Law, Mergers and Acquisitions Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy.

Lawyers 40
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157 Burr & Forman Attorneys Named Among The 2021 Best Lawyers in America

Burr Forman

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ed Christian – Corporate Law, Mergers and Acquisitions Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy.

Lawyers 40