Featured Evan Knott admitted to American College of Coverage Counsel Knott handles complex insurance recovery and other commercial litigation matters in state and federal courts around the U.S.
Featured Reed Smith named a 2025 ACC Value Champion Firm and client Brookfield Property Development honored for an innovative solution streamlining BPD’s due diligence screening process
5/2/2024 7:49:14 PM Statute Broadly Defines “Claim” - Even Contingent / Unliquidated Future Breach Of Contract Claims are Captured By Derek Baker In its most recent precedential bankruptcy decision, the United States Court of Appeals for the Third Circuit held that a claim for...
7/6/2023 1:47:25 PM Second Circuit Joins Circuits Allowing Nonconsensual Third-Party Releases In Chapter 11 Plan By Derek Baker Matthew Lane Summary of Purdue Pharma, L.P. v, City of Grand Prairie (In re Purdue Pharma, L.P.), No. 22–110 – Bk (2d Cir. May 30, 2023) In a long...
3/8/2023 7:52:03 PM Impending Financial Distress Is Critical Fact In Good Faith Finding For Chapter 11 By Derek Baker Within In re LTL Management, LLC, No. 22-2003 (3d Cir. Jan. 30, 2023), the United States Court of Appeals for the Third Circuit issued...
3/8/2023 7:08:40 PM A Potential Sword and/or Shield Worth Considering: The First Circuit's Recent Guide to the Application of Judicial Estoppel in Bankruptcy By Amir Shachmurove Once asserted, may a party alter it? Once claimed, may a party contradict it? A party’s ability to abandon a previously taken position...
2/27/2023 7:44:27 PM U.S. bankruptcy code protection will not cover fraudulent debt By Keith M. Aurzada The U.S. Supreme Court has ruled that bankruptcy filers cannot avoid debt incurred by another’s fraud. The 9-0 ruling, written by...
1/15/2021 6:50:36 PM Supreme Court rules that mere retention of property does not violate §362(a)(3) By Michael J. Venditto On January 14, 2021, the Supreme Court issued a unanimous decision holding that if a creditor has taken possession of a debtor’s...
5/18/2020 12:00:00 AM Technology provides bankrupt retailers unprecedented access and speed to court hearings By Keith M. Aurzada J.C. Penney filed chapter 11 the evening of Friday, May 15, 2020. Hearings on the case were commenced on the next day - a Saturday. ...
5/15/2020 12:00:00 AM The proof is in the pudding as retail debtors defer rent obligations By Michael P. Cooley Potentially casting retail landlords against their debtor-tenants, a bankruptcy judge in the Eastern District of Virginia--an...
4/23/2020 4:10:37 PM Will United Cannabis be allowed to use Chapter 11 of the Bankruptcy code? By Claudia Springer United Cannabis Corp. entered into chapter 11 several days ago in an effort to stop various patent infringement claims being lodged...
4/6/2020 12:00:00 AM Cannabis companies are also victims of the pandemic By Claudia Springer Even before COVID-19 began to decimate businesses in almost every industry sector, many cannabis companies were feeling the heat. Many...
3/2/2020 12:00:00 AM Federal court avoids deciding whether cannabis companies may be subject to federal receiver By Claudia Springer A few weeks ago I wrote about a dispute brewing in federal district court in Arizona involving a marijuana industry credit card company. ...
12/18/2019 12:00:00 AM When cannabis companies face financial difficulties, bankruptcy protection is not an option By Claudia Springer During the last year, many cannabis companies in the U.S. and Canada have experienced financial challenges. It is somewhat reminiscent...
12/10/2019 12:00:00 AM Federal courts and their view on enforcing cannabis contracts: more often than not a "no go" By Claudia Springer As we have seen in the bankruptcy world where bankruptcy courts routinely dismiss cases involving cannabis enterprises, so too, have...