August 29, 2024
Bankruptcy & Creditors’ Rights partner Daniel Cohn was recently quoted by Bloomberg Law in an article titled, “‘Good Faith’ Bankruptcy Filings Get Fresh Look Ahead of J&J Move.”
Good faith as a Chapter 11 filing requirement has become a hot issue as attempts by Johnson & Johnson to resolve talc-related cancer litigation through bankruptcy have foundered on the question of good faith.
A subsidiary of Johnson & Johnson has twice attempted to file for Chapter 11 bankruptcy, but the cases have been rejected by the U.S. Court of Appeals for the Third Circuit, which concluded that the debtor’s financial distress was not sufficiently acute to qualify as a good-faith filing.
In the article, Dan, among other attorneys, weighs in on the appropriate definition of good faith in bankruptcy law and the impact that recent circuit court rulings will have on legal strategies and standards for future cases.
Dan, a frequent lecturer on bankruptcy law, recently spoke on the topic of good faith in bankruptcy filings at the American Bankruptcy Institute’s Northeast Bankruptcy Conference & Forum. His panel was titled “Smelling Smoke, Seeing Fire, Getting Burned: Good Faith as a Bankruptcy Filing Requirement.”
Dan devotes his practice to financially distressed businesses and is one of New England's best-known counsel to troubled companies
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