Picks of the Month: Required Bankruptcy Reading for May 2007

Time to catch up on more "Picks of the Month."  These picks are for May 2007:

Today's feature is Delaware, one of my favorite states, with its rolling hills, surprisingly lush forests, superlative courts (notwithstanding some opinions to the contrary, critiqued here), and outstanding bloggers--both "old" (e.g., Francis Pileggi's "must-read" Delaware Corporate and Commercial Litigation Blog) and "new" (e.g., Chuck Kunz's and Morris James's Delaware Business Bankruptcy Blog).

The inset chart is from the March 2005 Newsletter of the Federal Courts, entitled For Delaware Bankruptcy Court, Appeal is a Mixed Blessing, and supports the point that though "according to the [complicated federal bankruptcy] judgeship formula, Delaware should currently field a team of 13 bankruptcy judges, [t]hey have two."  Since then, as reported here, they added more (to the delight of Delaware's district court judges who pinch-hit for years to help carry the load)! 


Finally, speaking of Delaware Bankruptcy Courts, as attested to in Francis Pileggi's link to Kevin LaCroix's post in the D&O Diary on Judge Kevin Gross's recent D&O coverage ruling in the World Health Alternatives case, a once great lawyer is proving to be a great judge too!

[6/22/07 Update:  Be sure to read Bob Eisenbach's excellent commentary on Judge Gross's decision, entitled Who Gets the Benefit of a D&O Policy's Proceeds: The Directors and Officers or the Bankruptcy Trustee? Thanks also to Delaware's gentleman and scholar, Francis Pileggi, for his kind words and links to this post!]

***

 

David C. Albalah, UNITED STATES: EXTRA CREDIT: PROSPECTIVE CREDITORS' COMMITTEE MEMBERS SHOULD CAREFULLY ASSESS THE PROS AND CONS OF SERVING, Mondaq Article ID: 48648

***

Keith Aurzada, UNITED STATES: SINGLE ASSET REAL ESTATE CASES--ENFORCING THE STAY MAY BE DIFFICULT UNDER THE NEW BANKRUPTCY CODE, Mondaq Article ID: 48476

***

Renee Bacon, A PRACTICAL GUIDE FOR ADVISING A FRANCHISEE WHOSE FRANCHISOR FILES CHAPTER 11, 16 J. Bankr. L. & Prac. 3 Art. 4

***

Mark Berman and Jo Ann J. Brighton, WILL THE SUNLIGHT OF DISCLOSURE CHILL HEDGE FUNDS? THE TALE OF NORTHWEST AIRLINES, 26-MAY Am. Bankr. Inst. J. 24

***

Steven G. Calabresi and Gary Lawson, THE UNITARY EXECUTIVE, JURISDICTION STRIPPING, AND THE HAMDAN OPINIONS: A TEXTUALIST RESPONSE TO JUSTICE SCALIA, 107 Colum. L. Rev. 1002

 

***

Christopher Celentino, DIVORCE AND BANKRUPTCY: SPOUSAL SUPPORT AS PROPERTY OF THE ESTATE, 28 Cal. Bankr. J. 542

***

Brian C. Coolidge and Daniel H. Slate, LIMITATIONS ON TRUSTEES' POWERS: UNCLEAN HANDS OF THE DEBTORS, 28 Cal. Bankr. J. 409

***

Robert G. Harris and David S. Caplan, ETHICS ALERT: THE ETHICAL DILEMMA FACED BY CALIFORNIA INSOLVENCY COUNSEL DUE TO SEC PERMISSIVE NOISY WITHDRAWAL REGULATIONS, 27 Cal. Bankr. J. 389

***

Christopher V. Hawkins, PREPETITION SECURITY INTERESTS AND POSTPETITION FUTURE ADVANCES -- BEWARE ALL YE WHO ENTER, 28 Cal. Bankr. J. 431

***

M. Jonathan Hayes, CHAPTER 7 BAD FAITH, SUBSTANTIAL ABUSE AND DISMISSAL WITH PREJUDICE: "TOTALLY OF THE CIRCUMSTANCES" NEEDS TO BE RETHUNK, 27 Cal. Bankr. J. 440

***

Marilee K. Hopkins, UNITED STATES: TAKING A STAND (OR NOT): NEW ETHICS RULE COULD COMPROMISE YOUR EXPERT'S TESTIMONY, Mondaq Article ID: 48664

***

David I. Katzen, UNHAPPY RETURNS: MEETING SECTION 521(E)-(F)'s TAX MATERIAL MANDATES, 2007 No. 5 Norton Bankr. L. Adviser 2

 

***

Kenneth N. Klee and Brendt C. Butler, THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005 -- BUSINESS BANKRUPTCY AMENDMENTS, 28 Cal. Bankr. J. 270

***

Lawrence J. Kotler, FROM INVESTORS FUNDING TO TRENWICK: HAVE WE COME FULL CIRCLE WITH RESPECT TO THE "TORT" OF DEEPENING INSOLVENCY?, 16 J. Bankr. L. & Prac. 4 Art. 2

***

John W. Lamb, RECENT DECISION FROM THE APPELLATE COURTS, 2007 No. 5 Norton Bankr. L. Adviser 4

***

Thomas G. Macauley, CAN A TRUSTEE RECOVER PAYMENTS UNDER A FRAUDULENT TRANSFER THEORY?, 26-MAY Am. Bankr. Inst. J. 1

***

Stanley Minier, William M. Burd and Donald Sieveke, REPRESENTING CHAPTER 7 DEBTORS IN A RESIDENTIAL BULL MARKET: A VIEW FROM THE TRENCHES, 27 Cal. Bankr. J. 420

***

Kelly E. McDonald, UNSECURED CLAIMS FOR CONTRACT-BASED ATTORNEY'S FEES: FOBIAN IS DEAD, BUT DOES JUSTICE HOLMES' DECISION IN RANDOLPH & RANDOLPH v. SCRUGGS HAVE CONTINUING VITALITY?, 2007 No. 5 Norton Bankr. L.. Adviser 1

***

Morrison Foerster LLP, BELL ATLANTIC CORP. v. TWOMBLY: THE SUPREME COURT RAISES PLEADINGS STANDARDS FOR ALLEGATIONS OF ANTITRUST CONSPIRACIES,  Mondaq Article ID: 48811

***

Steven H. Nickles,  BEHAVIORAL EFFECT OF NEW BANKRUPTCY LAW ON MANAGEMENT AND LAWYERS: COLLAGE OF RECENT STATUTES AND CASES DISCOURAGING CHAPTER 11 BANKRUPTCY, 59 Ark. L. Rev. 329

***

Matthew Petrie, WHEN A CLAIM ARISES AND WHY IT MATTERS, 16 J. Bankr. L. & Prac. 4 Art. 3

 

***

Thomas R. Phinney, SECTION 330(a)(7): BAPCPA'S HALF-STEP TOWARD TREATING TRUSTEE'S COMPENSATION AS A COMMISSION, 28 Cal. Bankr. J. 508

***

Uzzi O. Raanan, UNDERSTANDING CHAPTER 11 TRUSTEE ELECTIONS, 29 Cal. Bankr. J. 15

***

Charles S. Riecke, ENOUGH IS ENOUGH: SECOND CIRCUIT IMPOSES ABSOLUTE PRIORITY RULE UPON PRE-PLAN SETTLEMENTS, 26-MAY Am. Bankr. Inst. J. 36

***

Jonathan Sablone and Timothy W. Mungovan, UNITED STATES: HEDGE FUND DUE DILIGENCE: A US LITIGATOR'S PERSPECTIVE, Mondaq Article ID: 48320

***

Jennifer L. Saffer, THE SECOND CIRCUIT'S IRIDIUM DECISION: WHEN IT COMES TO PREPLAN SETTLEMENTS, "ABSOLUTE PRIORITY" IS A PRIORITY, BUT NOT ALWAYS, 2007 No. 5 Norton Bankr. L. Adviser 3

***

Steven J. Schwartz, MARITAL DISSOLUTION AND BANKRUPTCY: THE RIGHTS OF THE BANKRUPTCY TRUSTEE TO ADMINISTER COMMUNITY PROPERTY AND TO AVOID AND TO RECOVER PROPERTY DIVISIONS, 28 Cal. Bankr. J. 523

***

George H. Singer, THE NEW RULES OF BANKRUPTCY FOR CHAPTER 11 BUSINESS REORGANIZATIONS UNDER THE BAPCPA, 28 Cal. Bankr. J. 194

***

Michael St. James, TERMINATING TRANSMUTATION: IS THERE AN ALTERNATIVE TO DIVORCE WHEN ONE SPOUSE BECOMES INSOLVENT? 27 Cal. Bankr. J. 400

***

Sherri Venokur, William D. Latza and Fred Garsson, TERMINATION AND SETOFF RIGHTS IN DERIVATIVES TRANSACTIONS UNDER STATE INSURANCE INSOLVENCY LAWS, 27 Cal. Bankr. J. 371

***

Richard L. White, MODERNIZATION AND HARMONIZATION: CHINA'S 2006 BANKRUPTCY LAW, 16 J. Bankr. L. & Prac. 3 Art. 5


Finally, a thanks and final fond farewell to DeJohn Allen, who just graduated from Northwestern University.  DeJohn has left the friendly confines of the Coleman Law Firm to strut his stuff at Goldberg Kohn.  BEST OF LUCK, DEJOHN, AND THANKS FOR ALL YOUR HELP!

© Steve Jakubowski 2007

Written By:Francis Pileggi On June 21, 2007 9:00 AM

Steve,
Many thanks for your kind reference to my blog in your post. So too, your blog is must reading for anyone who wants to know the latest and most important developments in bankruptcy law.
Best regards,
Francis.

Post A Comment / Question






Remember personal info?