By: Laura Day DelCotto There are many cases that stand for the proposition that bankruptcy courts are “courts of equity,” but what does that really mean? To the lay person, this sounds like it means that bankruptcy courts have wide discretion to be fair and avoid injustices and abuses of
By: Laura Day DelCotto The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants. The filing is viewed with
By: Laura Day DelCotto The litigation process is a “public” procedure, all set forth in an official court record which can be accessed by the public. Sometimes, one (or both) of the parties want to file papers, but keep them confidential and not open to public view. Maybe there are
DelCotto Law Group PLLC, with offices in Lexington, Danville, and Louisville, Kentucky, has received a Tier 1 ranking in the 2018 edition of U.S. News – Best Lawyers “Best Law Firms” in the practice areas of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, and Litigation – Bankruptcy
By: Laura Day DelCotto, Esq. So, this is not a very good week for Duke University and media headlines. As a life-long Kentuckian, I feel so bad for them. Even Duke University can get caught up in debtor/creditor fiascos. That should make the rest of us feel better. First, we
President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act in July 2010, which established the Consumer Financial Protection Bureau (CFPB). In January of 2012, President Barack Obama appointed Rich Cordray to be the first Director of the CFPB. The CFPB writes rules, supervises companies, and enforces federal
KENTUCKY’S “AT THE WELL” RULE FOR DETERMINING ROYALTIES OWED UNDER AN OIL AND GAS LEASE.[1] By: Michael J. Gartland (Copyright 2016 ©) Royalty defined. Every oil and gas lease provides for a royalty to the landowner/lessor. A royalty has been defined as “the landowner’s share of production, free of
KENTUCKY’S “AT-THE-WELL” RULE PROHIBITS A LESSEE UNDER AN OIL AND GAS LEASE FROM DEDUCTING ANY SEVERANCE TAXES PRIOR TO CALCULATING A ROYALTY VALUE ABSENT A SPECIFIC LEASE PROVISION APPORTIONING SUCH TAXES.[1] By: Michael J. Gartland (Copyright 2016 ©) In June 2012, I published an article titled: “So, You Think Severance
Collateral estoppel| Jamie Harris in our firm recently posted about collateral estoppel in bankruptcy cases. Collateral estoppel is one of those terms that usually ends the conversation at cocktail parties, or draws glazed looks when attorneys discuss it with clients. I like to explain it as “you only get one
Shout Out to Fordham Law Professor Sean Griffith who applied action to his teaching of mergers and acquisitions. The legal system is far from perfect. It often feels to me that it has gotten worse over the last decade or so, as the reces- sion combined with the tech boom
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