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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Kirk Hartley
Mar 21, 20141 min read
Bankruptcy Courts – Plenty of Chutzpah To Get the Debtor Out – But Later, Not So Much
Chapter 11 bankruptcy courts never cease to amaze. Until the debtor is out of chapter 11, they claim immense power. Thus, this post from...
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Kirk Hartley
Mar 12, 20142 min read
GM’s Ignition Switch Recall – A Prime Example of Why It’s Not Sound Policy to Let
By itself, the 2009 GM bankruptcy was a poster child for some of the many flaws in chapter 11 and bankruptcy law as used to handle...
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Kirk Hartley
Feb 5, 20141 min read
11th Archdiocese Files for Chapter 11; Catholic Church Aggregate Losses Said to Exceed $2.2 Billion
A Roman Catholic Diocese of Helena, Mont. is now the 11th archdiocese to file for chapter 11 to resolve sex abuses cases. According to a...
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Kirk Hartley
Nov 6, 20131 min read
Canadian Bankruptcy Law Flexibility When Facing Mass Disasters
A new post at Weil’s Bankruptcy Blog includes commentary from Canadian lawyers on bankruptcy law flexibility when confronted with a mass...
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Kirk Hartley
Nov 6, 20131 min read
D&O Insurance in Bankruptcy
The D&O Diary includes a new post that provides a useful overview of the use and abuse of D&O in bankruptcy. #Bankruptcy
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Kirk Hartley
Oct 28, 20131 min read
D & O Insurance in Bankruptcies
D & O Diary includes a useful new summary post on the use and/or abuse of D&O insurance in bankruptcy. #Bankruptcy
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Kirk Hartley
Aug 28, 20131 min read
“Alter Ego” Issues are Not Core Bankruptcy Issues, At Least in the 7th Circuit
For both substance and style (breezy and brief, with some dry wit), it’s hard to beat Weil Gotshal’s Bankruptcy Blog. And, now, a new...
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Kirk Hartley
May 1, 20131 min read
Oklahoma Passes Legislation Aimed at Creating Intersections Between the Tort System and the Bankrupt
Asbestos defendants continue to convince state legislatures to create some long overdue intersections between personal in jury claims in...
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Kirk Hartley
Apr 18, 20131 min read
A Canadian View on the Enforceability of Contract Clauses that Operate Upon Insolvency or the Filing
Bankruptcies are frequently used to resolve mass tort situations. In some instance, a bankruptcy is fairly foreseeable as tort claims...
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Kirk Hartley
Jun 25, 20121 min read
Ted Olson’s Fee – $1,800 Per Hour for Bankruptcy Work
The story is here on the WSJ Law Blog. Mr. Scalia (the younger) knocks down $ 980. per hour. #Bankruptcy
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Kirk Hartley
Mar 27, 20121 min read
Will Bankruptcy Legislation Oust the Bankruptcy Courts of Delaware and New York
The bankruptcy courts of Delaware and New York dominate major chapter 11 cases, to the great delight of lawyers in those areas. But the...
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Kirk Hartley
Nov 29, 20111 min read
Chapter 11 – Just Another Financial Management Tool – Will the Law Ever Catch Up ?
As described here and here by DealBook, American Airlines has now joined the parade of airlines taking their second (or third)...
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Kirk Hartley
Nov 17, 20112 min read
MF Global’s $ 600 Million Fiasco – The Latest Example of the Intersections Between Bankr
The MF Global fiasco has left $ 600 million missing, and 38,000 customer accounts being scrutinized as to what happened. Tort and...
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Kirk Hartley
Nov 8, 20111 min read
Global Forum Shopping – Shipping Companies Seek Shelter in U.S. Chapter 11 Proceedings
U.S. bankruptcy judges purport to wield vast power, such as issuing purportedly global stays of all litigation pending against a debtor....
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Kirk Hartley
Sep 15, 20113 min read
WaMu Bankruptcy Judge on Possible Insider Actions in a Chapter 11
I’m shocked, just shocked, that a judge could think inside information and lack of disclosure could have tainted a chapter 11 case...
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Kirk Hartley
Aug 12, 20112 min read
Will Mass Tort Claims Take Major Banks Into Insolvency ?
Will litigation liabilities overwhelm Countrywide and/or Bank of America and force one or more entities into insolvency? That’s the...
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Kirk Hartley
Apr 22, 20113 min read
Social and Legal Issues Related to the Problem of the BP Oil Fiasco Creating Involuntary Creditors
Earth Day. A day to consider some of the consequences of the BP oil rig fiasco in the larger context of mass torts. One problem arising...
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Kirk Hartley
Aug 13, 20101 min read
General Motors and Post Bankruptcy Asbestos Claiming
Asbestos claimants continue to pursue GM for asbestos-related recoveries. Here is a story from Bloomberg yesterday on a recent hearing...
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Kirk Hartley
Jul 26, 20103 min read
Bankruptcy Courts Seem to Be The World’s Biggest Litigation Funders, But Fail to Apply Free Ma
A couple of observations on the Lehman bankruyptcy fees now that the case is back in the news as total professional fees approach $ 850...
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Kirk Hartley
Jun 28, 20102 min read
CERCLA Protects the Contribution Claim Rights of Allegedly Responsible Co-Defendants; Bankruptcy Co
A new article by Russel Prugh from Marten Law caught my eye because it explained that the federal circuit courts are now embracing a rule...
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