Happy New Year! – Looking Back on 25 Years of Professional Websites – Part 3
Plan Proponent
by David L. Bury Jr.
3w ago
It’s finally time to wrap-up this New Year’s series. As I mentioned in Part 1, I thought it would be fun use the Wayback Machine to take a look back at how professional websites—law firm sites, in particular—have evolved over the last 25 years. It’s my way of saying Thank You to those I’ve worked with and those who have supported the blog over the last 8 years. In Part 1, I focused on the big national firms. In Part 2, I focused on organizations I’ve been a part of since 1994 and firms in Middle Georgia. In Part 3, I’ll mainly focus on Atlanta firms with bankruptcy departm ..read more
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Happy New Year! – Looking Back on 25 Years of Professional Websites – Part 2
Plan Proponent
by David L. Bury Jr.
1M ago
Welcome back to my multi-part New Year’s post. As I mentioned in Part 1, as Stone & Baxter was wrapping up its 25th year and Plan Proponent posted its 99th post in 2021, I thought it would be fun use the Wayback Machine to take a look back at how professional websites—law firm sites, in particular—have evolved over the last 25 years. It’s my way of saying Thank You to those I’ve worked with and those who have supported the blog for the last 7 years. In Part 1, I focused on the big national firms. Naturally, King & Spalding’s 2001 Recruiting Bloopers Reel was the star attraction ..read more
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Happy New Year! – Looking Back on 25 Years of Professional Websites – Part 1
Plan Proponent
by David L. Bury Jr.
1M ago
This long overdue New Year’s post, which I actually started in December 2021, will have nothing to do with serious work stuff. Instead, as Stone & Baxter was wrapping up its 25th year and Plan Proponent posted its 99th post, I thought it would be fun to take a look back at how professional websites—law firm sites, in particular—have evolved over the last 25 years. First, it’s a long, multi-part Thank You to those I’ve worked with and those who have supported the blog for the last 7 years. Second, it’s a nostalgia piece that only the internet can provide. Third, it’s a New Year’s reminder ..read more
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Judge W. Homer Drake, Jr. (1932-2022)
Plan Proponent
by David L. Bury Jr.
2M ago
Judge W. Homer Drake, Jr. (N.D. Ga.), one of the longest serving U.S. bankruptcy judges in history (over 53 years) and who retired on January 31, 2021, died on Friday at his home in Newnan, Georgia. He was 90. I learned about Judge Drake’s passing from fellow LexBlog blogger and Georgia bankruptcy attorney Scott Riddle who posted Judge Drake’s obituary. It was just this time last year that I wrapped-up a seven part tribute to Judge Drake, which included a detailed biographical introduction, followed by six posts that covered Judge Drake’s Top 10 most cited bankrutpcy plan confirmation opinion ..read more
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Michigan Bankruptcy Court Examines Subchapter V Confirmation Requirements
Plan Proponent
by David L. Bury Jr.
3M ago
Mercifully, I’m going to experiment with how short I can make case summaries. Earlier this month, Michigan Bankruptcy Judge Applebaum denied confirmation in Lapeer Aviation’s Subchapter V bankruptcy cases. Lapeer operates the Dupont-Lapeer Airport (D95), which is about 25 miles east of Flint. Before addressing 4 objections, which were raised in a two-day evidentiary hearing , the Court reminds us that, even without objections, it has an independent duty to inquire into the plan confirmation requirements. Ultimately, the Court denied confirmation for liquidation test and unfair discrimination ..read more
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A Tribute to Jerome L. “Jerry” Kaplan
Plan Proponent
by David L. Bury Jr.
6M ago
“Stand next to Jerry at any bar or statewide CLE event, and you’ll meet everyone.” That’s what my new colleagues told me when I joined Stone & Baxter. They were right. Ward Stone (my mentor) and Jerry Kaplan (Ward’s mentor) picked me up at my house on March 18, 2010—literally my first day at the firm—to attend SBLI in Atlanta. And before the weekend was over, I had met more judges and lawyers in three days than I had met in my prior three years of practice combined. Sadly, Jerome Lewis Kaplan died earlier this year on January 26, 2022. He was 86. Clearly, I took my time with this. I wante ..read more
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Confirmation DENIED: Subchapter V Trustee Challenges 1111(b) Election
Plan Proponent
by Braden Copeland
1y ago
[Today’s post is from Braden Copeland, a Mercer 3L. He joined us as a Summer Associate in 2021. We’re delighted that he’ll come on as an Associate after he graduates this Spring. I asked him to look for a confirmation-related Subchapter V opinion and write something up for the blog. I’m thrilled to have the help. P.S. A too-early-in-the-year plan confirmation trial delayed our New Year’s post, but it’s still coming! – Dave] I’m not prejudging it but I think the Trustee’s objection is an uphill battle simply because it sounds almost like he is arguing the 1111(b) election itself is not fair a ..read more
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Merry Christmas and Happy Holidays from Stone & Baxter!
Plan Proponent
by David L. Bury Jr.
1y ago
As Stone & Baxter wraps-up its 25th year in business, we wanted to wish everyone a Merry Christmas and Happy Holidays. We hope this finds you well, safe, and with as much of your family as these crazy times will permit. The Burys are headed to see Jessica’s parents in D.C. this week, but stay tuned for what should be a “fun”—and certainly nostalgic—New Year’s post. I do some of my best work from my inlaws’ Potomac basement. And don’t worry, it won’t have anything to do with bankruptcy. In fact, if you subscribe to the blog, follow me on LinkedIn, or, for that matter, worked with me any ti ..read more
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SDNY Rejects Third-Party Releases in Purdue Pharma Bankruptcy Appeal
Plan Proponent
by David L. Bury Jr.
1y ago
Late yesterday, Judge Colleen McMahon (SDNY), in a 142-page (!) opinion, reversed the plan confirmation order in the Purdue Pharma Chapter 11 appeal on the basis that its non-consensual third-party releases are improper under the Bankruptcy Code. As quick background, Purdue Pharma manufactures OxyContin. It sought Chapter 11 bankruptcy protection in September 2019 in response to over 3,000 opioid-related lawsuits. Behind Purdue Pharma is the Sackler family who founded the company and whose members are widely-accused of enabling the opioid crisis in the U.S. They’re not debtors in bankruptcy. T ..read more
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Is it Ever Plagiarism to Use Other Attorneys’ Work Product?
Plan Proponent
by David L. Bury Jr.
1y ago
Coming off our month long Judge Drake Series, I sat down this morning to comb through Westlaw for new Subchapter V opinions. I found a couple, but they can wait. What really got my attention was an opinion from Bankruptcy Judge Scott Clarkson (C.D. Cal). The case is In re Summit Financial, Inc., 2021 WL 5173331 (Bankr. C.D. Cal. Nov. 5, 2021). You can find the opinion here. We attribute Judge Clarkson as having issued the very first substantive Subchapter V opinion. Technically, his November opinion relates to a Sub V debtor, but the issue is far more universal, and kind of scary, too: Is it ..read more
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