Bankruptcy Litigation Committee

Committees

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:

Post date: Thursday, September 07, 2017

Statements made during mediation are privileged and confidential — right? In the context of federal bankruptcy proceedings, the answer is not so simple. Some practitioners will be surprised to learn that there is no such thing as a federal “mediation privilege.” The mediation privileges that most practitioners are familiar with are actually creatures of state law.

Post date: Friday, September 01, 2017

On June 2, 2017, the Fifth Circuit Court of Appeals issued its decision in Asarco LLC v. Montana Resources Inc., affirming an order on appeal from the U.S. District Court for the Southern District of Texas.

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Mr. John C. Cannizzaro
Co-Chair
Ice Miller LLP
Columbus, OH
(614) 462-2700

Ms. Isley Markman Gostin
Co-Chair
WilmerHale
Washington, DC
(202) 663-6551

Mr. Mark A. Platt
Communications Manager
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852

Ms. Sara L. Abner, Esq.
Education Director
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178

Mrs. Dana L. Robbins
Membership Relations Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760

Mr. Jon Jay Lieberman
Special Projects Leader
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

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