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The Restructuring Report

Navigating Disputed Chapter 11 Trustee Elections

April 17, 2018

The choice of a chapter 11 operating trustee can provoke a fight. Follow this guide for a smooth path through the process of displacing an interim chapter 11 trustee or challenging an election.

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Safe Harbor for Forward Contract Merchants Creates Stormy Waters for Energy and Farmer Debtors

January 10, 2018

In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing.

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Is Jevic Really About Structured Dismissals?

October 3, 2017

The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.

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The Growing Use of Receiverships and Assignments for Benefit of Creditors

October 3, 2017

The new receivership and assignment for benefit of creditors statutes took effect in 2012.

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Marathon Pipe Line: An Interview with the Lawyer Who Argued the Case and the Bankruptcy Judge Who Decided It

October 3, 2017

Jim Baillie conducted a joint interview of retired Bankruptcy Judge John Connolly and Mel Orenstein for the National Bankruptcy Archives.

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