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May 2022 - Article

SC SJ: One Take on Harmonizing the Bankruptcy Code and FAA

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Published in the ABI Journal, the member publication of the American Bankruptcy Institute, the article examines the U.S. Bankruptcy Court for the District of Delaware’s approach, in a recent hotel bankruptcy, while addressing the longstanding tension between the Federal Arbitration Act (FAA) and the Bankruptcy Code. Ultimately, the Court “permitted both arbitration – initially, on a conditional basis – and estimation, the latter ultimately only for feasibility purposes.” Read the full article here