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The Restructuring Report

Are Debtors Fixin’ To Dance? How Debtor Companies Like Johnson & Johnson Are Beginning The Texas Two Step and How Creditors May Cut In

November 4, 2021

Some debtors are taking advantage of a Texas fraudulent transfer law that allows a company to transfer its debt to a Texas entity, which subsequently files for bankruptcy, and its assets to non-debtor entities, protecting the assets and eliminating the debt. What can creditors do about it?

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Warren Targets Private Equity

November 4, 2021

Senator Elizabeth Warren recently introduced a bill that would dramatically reshape the private equity industry and create new tools and protections for creditors.

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Do Single-Member LLCs Need to File Tax Returns in Chapter 11 Cases?

November 4, 2021

If a debtor is a single-member LLC that is treated as a disregarded entity for tax purposes, does the debtor need to file a tax return to comply with 11 U.S.C. § 521(j). If the debtor hires an accountant to prepare and file a tax return for the debtor’s single-member owner due to the debtor’s disregarded entity status, can the bankruptcy estate compensate the accountant?

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Is a Legislative Crackdown Coming on Third Party Releases in Bankruptcy Plans?

September 24, 2021

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?

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Federal District Court of Minnesota Holds that Disgorgement of Chapter 11 Professional Fees Not Allowed

September 24, 2021

When a case is administratively insolvent, can a trustee force estate professionals to disgorge compensation paid pursuant to a court’s order approving such compensation?

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The Importance of State Laws and the Evidentiary Record in Fraudulent Transfer Analysis

September 24, 2021

A recent court decision, Mendelsohn v. Roslyn, provides important lessons for pleading and proving fraudulent transfer claims.

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The Six Primary Lessons Learned Representing Landlords and Lessors During the COVID-19 Pandemic

June 17, 2021

A number of lessons may be learned from representing clients in the bankruptcy filings in the retail and restaurant industries.

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Convergence in International Bankruptcy

June 17, 2021

Bankruptcy law is changing around the world, away from the liquidation model and toward the model of corporate rescue. Additionally, these changes reflect movement toward venue competition for the business of hosting international bankruptcy cases.

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Current Developments in “Critical Vendor” Payments

June 17, 2021

A recent case provides ten elements that courts and professionals may use to determine if vendors should receive critical vendor payments.

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Growing Use of Small Business Reorganization Bankruptcy Cases

June 17, 2021

In the year since its enactment, more than 1,500 businesses and individuals have filed cases under the Small Business Reorganization Act.

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