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
6/20/2024 3:04:19 PM What’s up for real estate (besides interest rates)? By Kathleen Garrett Following our second in a four-part series of Reed Smith Restructuring & Insolvency Roundtables, we take a temperature check this time on...
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...
6/26/2023 6:34:44 PM Reading Tea Leaves: The Rate of Chapter 22 Cases Jumps … For Now By Amir Shachmurove If at first you don’t succeed, try (and maybe try) again. Basic Facts: Nomenclature and Numbers When a previously reorganized debtor...
6/18/2023 11:28:24 AM Supreme Court Addresses Interplay of Sovereign Immunity And Insolvency Statutes By Derek Baker In two cases in as many months, the Supreme Court tackled the application of sovereign immunity in two separate insolvency statutes. Two...
5/16/2023 2:14:57 PM Potential Nursing Home Staff Mandates Could Stress Already Stressed Asset Class By Keith M. Aurzada As the senior housing and nursing home industry reels from increased interest rates, COVID, and labor shortages, the additional staffing...
5/9/2023 3:06:32 PM Chilling Bidding as a Limit on Credit Bidding: The Pockmarked Path from Philadelphia Newspapers to RadLAX to Fisker and Lance-Star By Amir Shachmurove Congress passed the operative texts without noticeable fanfare. From its enactment to today, section 363(k) has entitled a secured...
4/26/2023 2:45:51 PM Divide Over Bankruptcy Code’s Abrogation of Tribal Sovereign Immunity Comes Before the Supreme Court: Lac du Flambeau Band v. Coughlin By Amir Shachmurove On April 24, 2023, the First Circuit’s opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin came up for oral...
4/20/2023 6:20:01 PM A Split Resolved: The Supreme Court Holds Section 363(m) To Be Non-Jurisdictional - and Maybe Casts a Shadow on the Doctrine of Equitable Mootness By Amir Shachmurove On April 19, 2023, the Supreme Court, in a unanimous opinion written by Justice Ketanji Brown Jackson in MOAC Mall Holdings LLC, ruled...
4/10/2023 4:23:49 PM Lexmark’s Shadow: The Future of the “Person Aggrieved” Test for Bankruptcy Appellate Standing By Amir Shachmurove Kurt F. Gwynne In In re Schubert, the Sixth Circuit affirmed the bankruptcy court’s dismissal of an adversary proceeding because the appellants had...
4/4/2023 4:14:01 PM Analyzing Gaseous Possibilities: The Automatic Stay’s Potential Extension to Non-Debtor Parties in the Hydraulic Fracturing Sector By Amir Shachmurove The statutory language is clear. As of a bankruptcy petition’s filing date, the automatic stay of section 362 constricts many a creditor...
3/31/2023 6:26:30 PM Return to Chester: A Primer on a Municipality’s Eligibility for Bankruptcy By Amir Shachmurove When can a municipality declare bankruptcy under chapter 9 of the Bankruptcy Code? An issue explored the headline-grabbing chapter 9 case...
3/29/2023 10:51:47 PM Which Kind of Foreign Debtors are Eligible for Relief under Chapter 15 of the Bankruptcy Code – Is a Circuit-Level Split in the Offing? By Amir Shachmurove Whether a foreign bankruptcy case can be recognized under chapter 15 if the foreign debtor does not satisfy the commands of both section...
3/23/2023 6:30:32 PM An Intimation or Another Outlier? The Successful - So Far - Chapter 11 Journey of a "Cannabis" Debtor By Amir Shachmurove On January 20, 2023, as few courts, such as the U.S. Bankruptcy Court for the District of Colorado, have consistently done, the U.S....
3/22/2023 2:06:47 PM Bankruptcy Standing: An Introduction to a Multitude By Amir Shachmurove In legal parlance, the term “standing” embraces several discrete doctrines that govern the capacity of a party to sue and appear before a...
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 7:39:00 PM Debt Arising From Fraud/False Pretenses Is Nondischargeable Even If Debtor Was Not The Culpable Actor By Derek Baker In a unanimous decision Bartenwerfer v Buckley, No. 21-908, 598 U.S. (2023), the U.S. Supreme Court reviewed the breadth of the U.S....