Good Faith, Not Good Intentions, Required for Chapter 11 in the 3rd Circuit
By Sheryl P. Giugliano, Partner, Ruskin Moscou Faltischek PC
On January 30, 2023, the 3rd U.S. Circuit Court of Appeals issued a precedential opinion reversing a decision by the U.S. Bankruptcy Court for the District of New Jersey and dismissing the Chapter 11 case filed by LTL Management LLC. LTL is the “Bad Co” Johnson & Johnson entity formed...
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Sheryl P. Giugliano is a partner at Ruskin Moscou Faltischek P.C. and a member of the Corporate Restructuring & Bankruptcy Practice Group and the Corporate and Securities Department. Her experience includes restructuring, bankruptcy, and litigation. She works with companies facing solvency issues to identify a solution and implement a strategic response, which includes negotiating with interested parties, creditors, and shareholders, and may also include filing for bankruptcy protection or facilitating an out-of-court wind down.
