Bankruptcy Settlements Post-Jevic: Potential New Requirements for Priority-Altering Settlements

By | Distressing Matters | May 9, 2017
As noted in a recent Distressing Matters post, the United States Supreme Court in In re Jevic Holding Corp. held that debtors cannot use structured dismissals to make payments to creditors in violation of ordinary bankruptcy distribution priority rules.  The Jevic dissent complained that the majority avoided the more general question presented—whether a bankruptcy settlement can violate the statutory priority scheme.  View Full Post
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New Delaware Chapter 11 Filing-Searchmetrics, Inc.

Searchmetrics, Inc., a search engine optimization services company based in San Mateo, CA, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11032-CSS).  The Petition estimates Searchmetric’s assets between $1–$10 million and its liabilities between $10-$50 million.  View Full Post
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New Delaware Chapter 11 Filing-Searchmetrics, Inc.

Searchmetrics, Inc., a search engine optimization services company based in San Mateo, CA, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11032-CSS).  The Petition estimates Searchmetric’s assets between $1–$10 million and its liabilities between $10-$50 million.  View Full Post
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Third Circuit Tells Construction Suppliers to “Play by the Rules” of Bankruptcy

In an opinion by Judge Roth issued on March 30, 2017, the Court of Appeals for the Third Circuit held that two suppliers who had sold electrical materials to a bankrupt contractor had violated the automatic stay by asserting a construction lien against the owner of the development where the contractor had installed the materials supplied. View Full Post
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Changes to Boilerplate Language in Louisiana Department of Environmental Quality-Issued Enforcement Actions

By | Louisiana Law Blog | May 6, 2017
DEQ By Tokesha Collins-Wright The Louisiana Department of Environmental Quality (LDEQ) derives its enforcement power and ability to assess penalties from La. R.S. §§ 30:2025, 30:2050.2, and 30:2050.3. The typical chronology for the administrative enforcement process is that LDEQ will first issue a notice of potential penalty (NOPP), compliance order (CO), or consolidated compliance order & notice of potential penalty (CCO/NOPP) for alleged violations of the Louisiana Environmental Quality Act (LEQA). View Full Post
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Changes to Boilerplate Language in Louisiana Department of Environmental Quality-Issued Enforcement Actions

By | Louisiana Law Blog | May 6, 2017
DEQ By Tokesha Collins-Wright The Louisiana Department of Environmental Quality (LDEQ) derives its enforcement power and ability to assess penalties from La. R.S. §§ 30:2025, 30:2050.2, and 30:2050.3. The typical chronology for the administrative enforcement process is that LDEQ will first issue a notice of potential penalty (NOPP), compliance order (CO), or consolidated compliance order & notice of potential penalty (CCO/NOPP) for alleged violations of the Louisiana Environmental Quality Act (LEQA). View Full Post
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