This article addresses some recent developments highlighting potential risks and pitfalls for directors and officers of a corporation if good corporate governance is not followed. Under the internal affairs doctrine, corporate governance is determined by the law of the state in which a company is incorporated regardless of its principal place...

Nine Murphy & King attorneys have been selected to the 2020 Massachusetts Super Lawyers list and two have been selected to the 2020 Massachusetts Rising Stars list. The Super Lawyers list includes attorneys Charles R. Bennett, Jr.,

Murphy & King, P.C. announced today, for the 14th consecutive year, the firm’s Bankruptcy and Financial Restructuring Practice has been recognized by Chambers and Partners in the Chambers USA 2020 rankings as outstanding among its peers in the region. Chambers, which has ranked lawyers and law firms for more than 20 years, has again

The U.S. Court of Appeals for the First Circuit affirmed the decision of the Massachusetts District Court, which adopted the Massachusetts Bankruptcy Court’s award of summary judgment in favor of Chapter 11 Trustee Stephen Darr, represented by Murphy & King, in an adversary proceeding arising out of the bankruptcies of TelexFree, LLC;...

(Boston, MA) Nine Murphy & King attorneys have been selected to the 2019 Massachusetts Super Lawyers list and two have been selected to the Massachusetts Rising Stars list. The Super Lawyers list includes attorneys Charles R. Bennett, Jr.,

Murphy & King, Professional Corporation announced today that four Shareholders, Harold B. Murphy, Charles R. Bennett, Jr., D. Ethan Jeffery, and Andrew G. Lizotte, have been recognized by Best Lawyers ® in Best Lawyers in America© 2020 for Bankruptcy/Insolvency and Bankruptcy Litigation. Additionally, Bennett is named 2020 “Lawyer of the...

Boston firm’s Bankruptcy and Restructuring Practice Designated in Top Tier in the Region in 2019 (Boston, MA) – May 7, 2019 – Murphy & King, P.C.announced today that, for the 13th consecutive year, the firm’s Bankruptcy and Financial Restructuring Practice has been recognized by Chambers and Partners in Chambers USA 2019 as...

Murphy & King Shareholder Andrew Lizotte shares his experience with Banker & Tradesman about the multiple paths that may lead to insolvency and best practices for resolving disputes with lenders and other creditors.

In a recent Radio Entrepreneurs podcast, we discussed the various circumstances under which principals of a company can be exposed to personal liability for the debts of that company, including potential liability for...

When a Ponzi scheme collapses, as they all eventually do, the court must develop a process for repayment of victims based upon the limited funds that may be available.  A critical component of this process is determining the amount of a victim’s claim that will share in any recovery.  The Second Circuit Court of Appeals recently issued a...

One of the principal benefits for an individual filing for bankruptcy is the so-called fresh start, that is, a discharge of liabilities that arose prior to the bankruptcy.  A recent decision of the Massachusetts Bankruptcy Court addressed the right to a discharge in relation to covenants not to compete with a former employer or...

In November 2016, we provided an update on a novel bankruptcy case addressing an individual’s right to exempt the value of their home under the Massachusetts homestead law.   Specifically, the case involved whether Massachusetts law could be applied to exempt the value of property located in another state (it can).  A Massachusetts bankruptcy...

Occasionally, a person or company in bankruptcy (the debtor) and a related person or company allow their financial affairs to become a bit too entangled. In these circumstances, bankruptcy courts may impose several remedies, one of which is substantive consolidation. Substantive consolidation effectively provides for the merger or combination of...

The First Circuit Court of Appeals recently ruled that the federal government was able to terminate a bankrupt's Medicare/Medicaid Provider Agreement without violating the automatic stay, rendering an important decision on the intersection of bankruptcy and Medicare law. On June 15, 2015 Parkview sent the Center for Medicare & Medicaid...

The bankruptcy appellate panel for the First Circuit (BAP) recently ruled on the rights of a licensee of trademarks when the licensor files for bankruptcy and the licensor rejects the contract during the bankruptcy case. Tempnology, the debtor in bankruptcy, had a prepetition agreement with Mission Product Holdings (MPH) giving MPH certain...

Andrew Lizotte chaired a panel on Current Retail Bankruptcy Issues at the 18th Annual New England Bankruptcy Law Conference held in Boston on November 16, 2016.  Andrew’s presentation focused on recent operational and legal developments impacting the retail industry.  Andrew was joined on the panel by Don Rothman at Riemer & Braunstein,...

When an individual files for bankruptcy, the law generally allows that individual (the "debtor") to keep, or exempt, certain assets, with the remaining assets being sold to pay claims of creditors.  Exemption rights are designed to help the debtor achieve a "fresh start" after bankruptcy.  In Massachusetts, state law allows a debtor to exempt...

Almost three years ago now, the Supreme Court decided Atlantic Marine Construction Company v. U.S. District Court for the Western District of Texas, 134 S. Ct. 568 (2013) and instructed both courts and litigants on the correct procedural and analytical framework for enforcing a contractual forum-selection clause. The Court held that: (1) the party...

One of the principal benefits for an individual filing for bankruptcy (a “debtor”) is the entry of a discharge, or forgiveness of debts arising prior to the bankruptcy filing.  Section 727 of the Bankruptcy Code provides circumstances under which a debtor may have their discharge denied in its entirety.  Section 523 of the Code, in turn,...

One of the principal benefits of purchasing assets out of bankruptcy is that buyers typically are able to acquire the assets “free and clear” of the liabilities of the company in bankruptcy.  This ability allows the purchaser to better estimate value for the assets or business to be acquired by limiting concerns of inheriting problems of the...

Boston – June 19, 2013 – Murphy & King, P.C. announced today that for the 7th consecutive year, it has received high accolades from Chambers and Partners USA for the firm’s consistent success and expertise in bankruptcy...

Boston (April 18, 2013) – Murphy & King has been named Bankruptcy Firm of the Year in Massachusetts by Corporate Intl Magazine. Corporate Intl’s Legal annual awards mark excellence for the world’s leading advisers and...

June 19, 2012 - Murphy & King, P.C. announced today that for the 6th consecutive year, it has received high accolades from Chambers and Partners USA for the firm’s consistent success and expertise in the bankruptcy and general commercial litigation arenas. The recognition cites the firm’s experience working in a wide range of industries...