Posts in Bankruptcy.

HOUSE JUDICIARY COMMITTEE RECONSIDERS CHAPTER 11 BANKRUPTCY: Last week, the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law held its hearing to address Bankruptcy reform - Exploring Chapter 11 Reform: Corporate and Financial Institution Insolvencies; Treatment of Derivatives.  The witness list and testimony are available here.  Posted by Tony Lathrop, Apr. 4, 2014.

Will Your Arbitration Agreement Survive Bankruptcy?

Several recent U.S. Supreme Court cases have emphasized that there is a strong federal policy in favor of arbitration.  Yet, an arbitration agreement is not impenetrable or always enforceable.  It is beneficial for businesses to understand the areas in which the interest in enforcing arbitration agreements may not be as strong as other interests at issue.  The enforceability of arbitration agreements in the bankruptcy context is one such area, which the U.S. Supreme Court has recently been asked to address.  As it now stands in the Fourth Circuit and several others, an arbitration ...

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