In re 15375 Memorial Corp.: One More Look

April 2011

Publication| Bankruptcy & Corporate Restructuring

This article is in response to a recent Straight & Narrow article and looks more closely at the decision handed down in that case. My reasons for this article have nothing to do with the subject matter of the decision—the issuance of sanctions. Rather, it is because I have appeared many times before the judge who wrote the opinion, and the criticisms of it suggest an unfair appraisal of the judge, but academic criticism of judicial decisions are certainly fair game. However, upon reading the Straight & Narrow article, I was troubled because the criticisms were fundamentally inconsistent with my prior experiences with the judge. This response results from an independent review of the record in the case.

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