Tag Archives: Tribune

Any Port in a Storm – the Safe Harbor of Section 546(e)

A bankruptcy court wrote that filing for bankruptcy is “powerful magic.”  By finding federal preemption of state law fraudulent transfer claims, the Second Circuit Court of Appeals’ decision in the long-running Tribune case showed just how powerful this magic can be. The Tribune saga began in 2007 when, during steep changes in the publishing industry, … Continue Reading

We Need An Answer: Are Unsecured Creditors Entitled To Recover Attorneys’ Fees Incurred During A Bankruptcy?

Most loan contracts include provisions allowing the collection of attorneys’ fees in the event the borrower defaults.  These attorney fee provisions are routinely enforced in collection suits brought in state courts. However the federal bankruptcy courts operate independent of the state court debt collection system.  Bankruptcy cases often generate a variety of controversies that will … Continue Reading

Equitable Mootness: Concurring Opinions in Conflict

On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications.   The post predicted that Judge Krause’s concurrence would likely result in further opinions on equitable mootness.  Less than a month later we have such an opinion.  In Aurelius v. … Continue Reading