Publications

Erich Buck and I co-authored an article published in the American Bankruptcy Institute Journal, August 2016 edition, titled Caesars and § 105 Injunctions: Bold Expansion by Seventh Circuit, or Just More of the Same? In the article we examine how the standards applied in the Seventh Circuit Caesars decision compare to the standards established in other circuits, and considers whether initial commentary on the decision remains on-point. In discussing the Caesars decision the article explores whether the Seventh Circuit broadens a debtor's power to temporarily enjoin third-party litigation against non-debtors under section 105 of the Bankruptcy Code. A link to the article is below (ABI subscription required):

http://www.abi.org/abi-journal/caesars-and-105-injunctions-bold-expansion-by-seventh-circuit-or-just-more-of-the-same 

I am pleased to announce that an article I co-authored was published in the ABI Journal (February 2016 edition). In the article co-author Eric Wang and I examine the current practice of retroactive rejection of leases and contracts in commercial chapter 11 bankruptcy cases. After examining the history of the practice, the relevant changes to the Bankruptcy Code and key bankruptcy case law, we provide advice to bankruptcy practitioners for bringing and defending against retroactive relief. Here's a link to the article (subscription to the ABI is required)

"Rejection Goes Retro"
http://www.abi.org/abi-journal/rejection-goes-retro