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Insolvency Insights

Lease Termination Disputes and Bankruptcy

As the brick and mortar retail industry continues to decline, landlords are likely to engage in an increasing number of lease disputes with delinquent tenants. As we have seen over the past five years, those disputes often end up in bankruptcy court […]

John J. Kane

Beware of Third-Party Releases in Bankruptcy

Companies seeking to confirm a Chapter 11 bankruptcy plan typically include releases that discharge the bankrupt company (the debtor) from liability on claims, thereby giving the debtor a chance to emerge from bankruptcy and seek a profitable future.& […]

Springtime is Stern Time

On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest "progeny of Stern" ruling on the adjudicative authority of the bankruptcy courts.  In a 6-3 decision the Court held that  "Our precedents make […]