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View Recent Blog Posts in Bankruptcy and Business Reorganization
- When Defending Against an Adversary Proceeding in Bankruptcy Court, the Absence of Minimum Contacts with the Forum State Does Not Matter Out-of-state defendants are sometimes surprised to learn that their lack of minimum contacts with the forum state is irrelevant if the lawsuit against them is filed as an adversary proceeding in a federal bankruptcy court. For example, a company or individual that has minimum contacts with the United States as a whole, but not with... Continue Reading...
- Federal Court Foreclosure on Real Estate In this final part of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in foreclosing on property in Louisiana utilizing federal court mechanisms. Similar to ordinary process foreclosures, foreclosure in federal court involves instituting a lawsuit against the mortgagor asking that the court recognize that... Continue Reading...
- The Recent Change to Small Business Bankruptcy Rules Will Hurt Banks and Other Secured Lenders Banks and other secured lenders are going to experience more losses, and larger losses, on small and mid-market loans because fewer businesses are eligible to be a "small business debtor" in bankruptcy and to use Subchapter V of Chapter 11 to reorganize their debts and get a fresh start. From March 2020 until June 21,... Continue Reading...
- Ordinary Process Foreclosure on Real Estate in Louisiana In this part three of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in ordinary process foreclosures in Louisiana. Foreclosing on collateral by ordinary process in Louisiana involves filing a civil suit against the mortgagor asking the court to recognize that the indebtedness is due... Continue Reading...
- Bankruptcy and Baseball II: What Happens to Shohei Ohtani's Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)? Baseball superstar Shohei Ohtani recently agreed to a 10-year, $700 million contract with the Los Angeles Dodgers. While the headline number came as a shock to even sports business nerds like us, as always, the devil was in the details: $680 million of Ohtani's contract is deferred until after Ohtani is no longer obligated to... Continue Reading...
- Bankruptcy and Baseball: What Happens to Shohei Ohtani's Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)? The sports world is buzzing about Shohei Ohtani's record-setting $700 million dollar contract with the Los Angeles Dodgers. As bankruptcy lawyers, we are abuzz thinking about the bankruptcy implications of Ohtani's contract. Today's blog post will discuss what type of claim Ohtani might have if the Dodgers file for bankruptcy (again). In the near future,... Continue Reading...
- Executory Process Foreclosure on Real Estate in Louisiana In this part two of our discussion of the foreclosure process on commercial real estate in Louisiana, we are demystifying the procedures involved in executory process foreclosures in Louisiana. While Louisiana does not allow non-judicial foreclosure options for creditors, it does provide a streamlined judicial process known as executory process foreclosure, allowing a creditor to... Continue Reading...
- Louisiana Foreclosures on Commercial and Industrial Property Require the Involvement of Judges and Sheriffs Foreclosure proceedings in Louisiana can be challenging for lenders and servicers not familiar with the Bayou State's particular procedures. This blog post provides a brief introduction to Louisiana's foreclosure process focused on mortgaged commercial or industrial property. First and foremost, Louisiana is a judicial-foreclosure state. The foreclosing creditor must request and obtain a court order... Continue Reading...
- Is That a Real Covenant, or Just an Executory Contract? Midstream Agreements to be Tested in Coming Wave of E&P Bankruptcy Cases. Every few weeks, another news outlet reports that a wave of energy-related bankruptcy cases is on the way. See links below if you need some examples.[1] A recent decision in the Alta Mesa bankruptcy case about pipeline contracts has some important lessons for producers and midstream companies evaluating how future bankruptcy cases may affect their... Continue Reading...
- Preparing for the squall of post-COVID bankruptcies: Intellectual Property rights in Chapter 11 Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique. The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the... Continue Reading...
