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Insolvency Insights

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 […]

Fifth Circuit has Second Thoughts on Pro-Snax Fees Decision

How would you like to be paid only for work which, in hindsight, unquestionably resulted in a material benefit to your employer? That unsuccessful sales call? Freebie. That account you spent hours trying to collect, but ultimately had to write off? That […]

Trademark Licensor Rights Trump Bankrupt Licensee

While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between […]

Litigant Consent and the Power of the Bankruptcy Court

The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is "whether Article III of the United […]

Do You Know What is in Your Buyer's Wallet?

In a recent ruling, the Ninth Circuit held that a seller was liable under the law of fraudulent conveyance to the bankruptcy trustee for the portion of the purchase price funded by a company controlled by the buyer, which was actually a Ponzi scheme, […]

The Enforceability of Liquidated Damages Clauses

The enforcement of a liquidated damages clause can mean the difference between money in a party's pocket with little effort versus a protracted and expensive court battle.  To learn more, click on the link below to an article recently published […]