Arguing bankruptcy fees with Nick Zluticky

Arguing bankruptcy fees with Nick Zluticky

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In this video, Nate Mowry interviews Nick Zluticky, who represented John Q. Hammons Fall 2006, LLC and related debtors in their dispute last term over bankruptcy fees. 

The post Arguing bankruptcy fees with Nick Zluticky appeared first on SCOTUSblog.

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Justices refuse to force refund of excessive bankruptcy fees

Justices refuse to force refund of excessive bankruptcy fees

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Two years after the court ruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. The government will not have to pay back debtors who paid more than they would have in another district.  

In most districts (88 out of the 94 federal judicial districts), Chapter 11 bankruptcy cases are administered by the Office of the … Read the rest

Justices appear sympathetic to insurance company in asbestos bankruptcy

Justices appear sympathetic to insurance company in asbestos bankruptcy

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Tuesday’s argument in Truck Insurance Exchange v. Kaiser Gypsum Co. considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. The debtor, a failed asbestos company, claims that it will perform its insurance contracts in full: It will pay all the deductibles it owes, 100 cents on the dollar. Accordingly, it … Read the rest

Prepared Liquidation – Pre-Pack Sales Under Polish Bankruptcy Law

Amid the current market uncertainties, distressed asset sales are likely to rise. International investors are looking for efficient solutions, preferably ones that reflect solutions in their home jurisdictions. One popular mechanism is the use of pre-pack sales.  A pre-pack sale manages the adverse impact of insolvency proceedings on the distressed company’s business, while reducing the time and cost of such proceedings, and offering greater asset realisation to be distributed among creditors.

Under Polish law, a prepared liquidation, or a “pre-pack”, … Read the rest

Justices to review novel bankruptcy maneuver in public harms litigation

Justices to review novel bankruptcy maneuver in public harms litigation

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Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday, is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. From the Catholic Diocese and Boy Scouts in their respective abuse cases to Johnson & Johnson’s talc litigation, 3M’s earplug case, and Revlon’s hair straightener case, corporations are turning to bankruptcy court over the traditional civil litigation process. Bankruptcy and its special powers are being used to compensate … Read the rest