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{ Monthly Archives } April 2008

Glosband on In re Basis Yield Alpha Fund (Master)

May a bankruptcy judge question the presumption that a debtor’s place of registration is its centre of main interests if the debtor has met the requirements for recognition of a foreign proceeding as a foreign main proceeding under 11 U.S.C. § 1517(a)(2) and (3) and there are no objections to the debtor’s chapter 15 petition?

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Mabey on In re Bryan Road

  It has long been a controversial practice for a bankruptcy court to enforce a waiver of the automatic stay in a bankruptcy case–especially when the waiver has not been entered into during the course of a previous chapter 11 plan.

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Martindale-Hubbell To Hold Counsel To Counsel Best Practice Forum In San Francisco on E-Discovery and Managing Electronically Stored Information May 7

On May 7, 2008, Martindale-Hubbell will hold a Counsel to Counsel Best Practice Forum entitled Increasing Predictability, Mitigating Risks: Next Generation Electronically Stored Information (ESI) Management and E-Discovery Approaches . The session will be held at the Pal

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Shackelford Melton & McKinley Adds Commercial Litigation Attorney

DALLAS – The Dallas law firm of Shackelford Melton & McKinley, LLP, has announced that Brian P. Shaw has joined the firm as an associate

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Subprime Advisory Team Formed By Boston Firm Burns & Levinson

BOSTON – Responding to turmoil in the securities and credit markets following the collapse of the subprime lending industry, Burns & Levinson LLP, a full-service law firm, has announced the formation of a Subprime Advisory Team to advise investors, brokerages, fiduciaries and businesses whose investment portfolios and credit arrangements have been significantly disrupted. &nbs

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Standing Not Properly Contested

LOUISVILLE, Ky. — A Kentucky federal judge on April 4 affirmed a bankruptcy court’s ruling that a creditor had standing to pursue an adversary complaint against the debtor and held that the record did not indicate that the debtor properly moved to dismiss the proceeding ( Raymond Gilbert Ross Jr.

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8th Circuit Says Plan Not Feasible

ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel on April 2 affirmed a lower court’s decision that a bankruptcy court did not err in failing to confirm a debtor couple’s bankruptcy plan because it was “not feasible” ( Darwin Gene Rice, et al.

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Concealment Intentional

SPRINGFIELD, Ill. — An Illinois federal judge on April 4 ruled that a debtor willfully concealed a pending lawsuit for wrongful termination against his former employer when he filed for bankruptcy and granted summary judgment to the former employer ( James Edward Smith v. American General Life Insurance Company, as successor in interest to Franklin Life Insurance , No

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Convert Or Be Dismissed

TOPEKA, Kan. — A Kansas bankruptcy judge on April 4 ruled that a debtor’s student loan obligations did not meet the criteria for special circumstances under 11 U.S.

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Joel H. Levitin Joins Cahill Gordon & Reindel LLP as Partner

NEW YORK –Cahill Gordon & Reindel LLP today announced that Joel H. Levitin has joined the firm as a partner in New York. Mr

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