Bankruptcy Litigation Committee


Post date: Monday, September 24, 2018

In the Second Circuit, § 109(a) of the Bankruptcy Code applies to cases brought under chapter 15, meaning that a foreign representative cannot seek recognition or any other type of relief under chapter 15 if the foreign debtor does not have a domicile, residence, place of business or property in the U.S.[1]

Post date: Monday, September 24, 2018

Recently, the U.S. Bankruptcy Court for the Southern District of New York was asked to decide whether an auditor was required to provide its work papers to a foreign representative who sought to compel such production pursuant to certain provisions of the Bankruptcy Code and the Bankruptcy Rules, including Bankruptcy Code § 1521.

Post date: Friday, May 11, 2018

The Ninth Circuit Court of Appeals recently joined the Seventh Circuit in adopting what it referred to as the “minority rule” in holding that a free-and-clear sale of property under § 363(f) of the Bankruptcy Code strips a tenant of its statutory right to remain in the premises notwithstanding rejection of the lease pursuant to § 365(h) of the Bankruptcy Code in In the Matter of Spanish Pea

Post date: Friday, May 11, 2018

On Feb. 21, 2018, the Delaware Bankruptcy Court in Stanley Jacobs Production Ltd. v.

Post date: Friday, May 11, 2018
Photo of Daniel J. Carragher
Daniel J. Carragher

On Jan. 12, 2018, the First Circuit decided Mission Product Holdings. Inc. v.

Post date: Thursday, January 18, 2018
Photo of Jeffrey N. Rothleder
Jeffrey N. Rothleder

With the continuing uncertainty in health care markets, many health care providers (or those that represent health care providers) need to consider potential reorganization pitfalls. Since many of these providers (if not all) are Medicare participants, one important aspect of any reorganization strategy will be determining the role that the federal government will play.

Post date: Thursday, January 18, 2018

A recent decision from a Texas bankruptcy court provides an important roadmap for health care debtors seeking to bind the Centers for Medicare and Medicaid Services (CMS) to confirmed chapter 11 plans. CMS is the federal agency that administers the Medicare program and, in cooperation with the various states, the Medicaid program.

Post date: Thursday, January 18, 2018

The Affordable Care Act (ACA) has been a political lightning rod since its enactment in 2010. It has been the focus of numerous legal challenges in the courts and endless dispute in Congress.

Post date: Thursday, January 18, 2018

Health care businesses are seeking bankruptcy relief in increasing numbers.[1] Often, company assets are sold pursuant to § 363 of the Bankruptcy Code.[2] Such sales benefit not only the debtor’s creditors, but also the community — providing for the continuation of medical car

Post date: Thursday, September 07, 2017

The Federal Rules of Civil Procedure were amended in 2015 and explicitly adopted the concept of proportionality:


Mr. Joseph C. Barsalona, II
Morris, Nichols, Arsht & Tunnell LLP
Wilmington, DE
(302) 351-9118

Mr. Peter J. Keane
Pachulski Stang Ziehl & Jones LLP
Wilmington, DE
(302) 778-6462

Mr. Anthony F. Pirraglia
Communications Manager
Holland & Knight LLP
Houston, TX
(713) 654-8111

Ms. Isley Markman Gostin
Education Director
Washington, DC
(202) 663-6551

Mr. John C. Cannizzaro
Membership Relations Director
Ice Miller LLP
Columbus, OH
(614) 462-2700

Mr. Michael T. Delaney
Newsletter Editor
Cleveland, CA
(216) 861-7478

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