- Posts by Clinton E. CutlerShareholder
Clint is a shareholder and former Chair of Fredrikson’s Bankruptcy, Restructuring & Workouts Group, practicing in the areas of debtor/creditor law, bankruptcy and complex commercial litigation. Clint has represented clients ...
The Supreme Court’s Siegel opinion found the U.S. Trustee’s temporary fee increase unconstitutional. What are the implications of the opinion?
Shortly after the Southern District of New York ruled on third-party releases in the Purdue Pharma case, the District Court of the Eastern District of Virginia similarly overturned a plan containing third-party releases in the Ascena Retail Group bankruptcy case. How does this decision relate to the Purdue Pharma decision and what does it mean for the future of third-party releases?
Third-party releases headline news stories about major chapter 11 cases, including Purdue Pharma and the Boy Scouts of America. Will Congress consider a bill that would restrict the use of third-party releases?
Prior to the COVID-19 pandemic, the Bankruptcy Code generally has been interpreted to require debtors to pay rent obligations on time under unassumed real property leases as those obligations arose post-filing and pre-rejection. This result was driven by 11 U.S.C. § 365(d)(3), which requires the debtor to “timely perform” all obligations until the lease is assumed or rejected, with one narrow exception.
Professionals should consider the traditional tools for helping troubled businesses but also explore non-traditional methods of solving client problems.
A recent Supreme Court decision resolves an important question regarding what rights a non-debtor licensee has to continue to use a trademark under a rejected lease and may also have broader ramifications on the rights of contract parties when a contract is rejected under Section 365.
We are currently in or entering a new bust cycle in production agriculture. While producers have generally managed to continue operating, bankruptcy filings and farm foreclosures are on the rise and prior fixes may no longer be available. Dealing with lenders can be a challenge in these circumstances, and it is important for professionals advising producers to follow a few simple rules to effectively negotiate with their clients’ lenders.
In the 8th Circuit, income tax debt owed under late filed tax returns could, under certain circumstances, be discharged by individual debtors in their bankruptcy cases.
- New Analysis of Consumer Bankruptcy Filers
- To Dissolve, or Not to Dissolve—That is the Question
- U.S. Trustee Fee Program Ruled Unconstitutional
- Mom-and-Pop Stopped: How Ominous Economic Factors Have Ended the Covid Recovery for U.S. Small Businesses
- Ninth Circuit BAP Weighs in on Subchapter V Eligibility
- A Critical Election: BAP or District Court?
- Caselaw Update on Third Party Releases in Bankruptcy Plans
- Dust Off Your Magic Eight Ball – The Future of Nonconsensual Third-Party Releases in Light Of In Re: Purdue Pharma LP
- Are Debtors Fixin’ To Dance? How Debtor Companies Like Johnson & Johnson Are Beginning The Texas Two Step and How Creditors May Cut In
- Firm NewsFredrikson Hires Ann Rainhart as Chief Operating Officer
- Legal UpdateSEC Division of Examinations 2023 Exam Priorities
- Legal UpdateState Department Plans Pilot to Allow Visa Renewals in United States for H and L Workers
- Legal Update41K+ Individuals Denied Visas Under Trump-Era Travel Ban Can Reapply Without Paying a Fee