The Third Circuit Court of Appeals issues a reminder to debtors’ counsel that they can protect themselves with beneficial (boilerplate) terms in a Chapter 11 Plan. In In re SC SJ Holdings, LLC, 2024 WL 1328233 (3rd. Cir. March 28,
Bankruptcy
Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects and Contract Administrators Have No Duty to Safeguard Injury of a Subcontractor Based Upon Contract Documents
Words are powerful. Being acutely aware of word choice and precise language in contracts is key to a successful agreement. Even in the world of construction, words matter as shown by the recent Louisiana Supreme Court case, Gustavo Bonilla v. Verges…
March 29, 2024 Bankruptcy Quiz
(From Dave’s SCOTUS Stash)
Two weeks ago, I promised to get back to Bankruptcy Quizzes, but on an every other week basis. Unfortunately for my Spring Break, I had an emergency Chapter 11 filing today that had me up at…
Assignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcy
by Magdalena Schardt
For some folks the three letters ABC are a reminder of elementary school and singing a song to learn the alphabet. For others, it is a throw back to the early 70’s when the Jackson Five and…
Embarrassing but Important Correction
As you know from prior posts, if I do anything well, then it’s public self-deprecation. And, thus, I’m embarrassed to admit that I wrongly attributed the In re Carter (Bankr. N.D. Ga. Dec. 13, 2023) Sub V opinion to Judge Sage…
March 15, 2024 Bankruptcy Quiz
I’m attending the annual Southeastern Bankruptcy Law Institute (SBLI) seminar in Atlanta this week. So many folks (read: maybe two people) asked me why I stopped doing the weekly bankruptcy quizzes. Worse, Prof. Ishaq Kundawala (the Southeastern Bankruptcy Law Institute…
Bankruptcy and Divorce (Vol. 73) – Agreements to Transfer Property
An entire blog could be devoted to the intersection of Bankruptcy and divorce, but for this post we will look at what happens when a divorce decree (or final settlement agreement) requires that one of the spouses transfer his or…
Notable Subchapter V Bankruptcy Opinions: December 2023 (AI Edition)
Continuing with the monthly series, here are short summaries of December 2023’s Subchapter V bankruptcy opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can…
Employers, Job Applicants, and Reports Potentially Impacting Unemployment Benefits
Media outlets around Louisiana recently reported on a new program from the Louisiana Workforce Commission pursuant to which employers have the opportunity to report job applicants who are either no-shows for job interviews or who turn down job offers. Here…
U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion…