Drew S. McGehrin

1 month ago | law.com | Lawrence J. Kotler |Drew S. McGehrin

A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.

Nov 8, 2024 | law.com | Lawrence J. Kotler |Drew S. McGehrin

Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.

Jun 1, 2024 | lawjournalnewsletters.com | Lawrence J. Kotler |Drew S. McGehrin

BankruptcyLitigationThe U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?

May 20, 2024 | law.com | Lawrence J. Kotler |Drew S. McGehrin

One of the key aims of the bankruptcy process is affording debtors a “fresh start” by granting them a discharge of their debts, However, the Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain “qualifying” loans used to fund a debtor’s education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.

Sep 1, 2023 | lawjournalnewsletters.com | Lawrence J. Kotler |Drew S. McGehrin

BankruptcyCivil ProcedureLitigationThe U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the “upload” time of a bankruptcy filing — and not the time physically “stamped” on a bankruptcy petition — determines when a case is commenced.