Justice Antonin Scalia died on Saturday. He was 79. Politics aside, he was a legal giant on the world’s most powerful court. However, we’ll leave the tributes to those who knew Justice Scalia and those who make their careers studying the Supreme Court. Instead, we chose a more modest (but still demanding) purpose for
Supreme Court
Delaware Adopts Delaware on Baker Botts Fee-Defense Cost Issue
On Monday in the Samson Resources Corporation Chapter 11 bankruptcy case, Delaware’s Judge Sontchi adopted Judge Walrath’s recentBaker Botts opinion in Delaware’s Boomerang Tube Chapter 11 case regarding fee-defense costs after Baker Botts. As we discussed last week, Judge Walrath’s opinion interpreted the U.S. Supreme Court’s Baker Botts, L.L.P. v. ASARCO opinion,…
Delaware Rejects Fee-Defense Indemnification in Boomerang Tube Case
(I’m told that these are “Boomerang Tubes”)
Back in September, we blogged about two pending Delaware bankruptcy cases regarding fee-defense costs after Baker Botts, L.L.P. v. ASARCO: In re Boomerang Tube, LLC, et al. and In re Northshore Mainland Services, Inc., et al. (a/k/a the Baha Mar case). In Baker Botts,…
Zero Times Something is Still Zero: Adapting Till to Unsecured Creditors
(click the picture to log into ABI and read the Jan. 2016 edition)
We’d like to take a quick moment and plug shamelessly an article that I co-wrote with Richard Gaudet of HDH Advisors, LLC. Our firm does a lot of business with Richard and his group, and he was nice enough to ask…
Delaware Takes on Baker Botts v. ASARCO & Fee-Defense Costs
(Some imagined or actual version of the Baha Mar Resort)
As we discussed in two prior posts (Part 1 and Part 2), on June 15, 2015, a 6-3 Supreme Court held in the Chapter 11 case of Baker Botts, L.L.P. v. ASARCO, LLC that bankruptcy professionals employed under Section 327(a) of the…
Download Our Article on SCOTUS’ Baker Botts v. ASARCO Case as a .pdf
As we discussed in two prior posts, on June 15, 2015, a 6-3 Supreme Court held in the Chapter 11 case of Baker Botts, L.L.P. v. ASARCO, LLC that bankruptcy professionals employed under Section 327(a) of the Bankruptcy Code may not, under Section 330(a)(1) of the Bankruptcy Code, recover as compensation fees incurred in defending…
20 Questions about Baker Botts v. ASARCO & “Fee-Defense” Costs – Part 2
(courtesy of Dave’s iPhone on June 18, 2015)
As a recap of Part 1, on June 15, 2015, a 6-3 Supreme Court held in the Chapter 11 case of Baker Botts, L.L.P. v. ASARCO, LLC that bankruptcy professionals employed under Section 327(a) of the Bankruptcy Code may not, under Section 330(a)(1) of the Bankruptcy
…
20 Questions about Baker Botts v. ASARCO & “Fee-Defense” Costs – Part 1
(courtesy of Dave’s iPhone on June 18, 2015)
Two Thursdays ago, we visited my wife’s family in Potomac, Maryland. In addition to seeing the usual sites, we did a Supreme Court “drive-by” and snapped the above photo, a very timely now outdated, but still very political picture.
Indeed, Friday morning, the Supreme Court issued its …
Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 2)
On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank.
In Part 1, we summarized the decision. Here in Part 2, we’ll provide some humble criticism.
As a recap, the Supreme Court held that, unlike a confirmation or dismissal, an order denying confirmation of…
Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 1)
On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank and, in the process, likely resolved a Circuit split on an important bankruptcy confirmation issue: Is an order denying confirmation of a bankruptcy plan “final” and, thus, immediately appealable? Siding with the majority view, Chief Justice
…