The South Bay Law Firm Law Blog highlights developing trends in bankruptcy law and practice. Our aim is to provide general commentary on this evolving practice specialty.
 





 
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      Bankruptcy and Insolvency News and Analysis Week Ending August 12, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending August 5, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending July 29, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending July 15, 2016
       

    Bankruptcy and Insolvency News and Analysis – Week Ending July 29, 2016

    Tuesday, August 2nd, 2016

    Stocks29

    Risk Factors

    Risky Debt Looks Easy. It Isn’t.

    Sales

    You Can’t Buy Me Love and You Can’t Buy a 363(f) Order

    Reorganization

    Supreme Court to Resolve Circuit Split Over Structured Dismissals

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    Bankruptcy and Insolvency News and Analysis – Week Ending June 24, 2016

    Friday, June 24th, 2016
    Photograph of the black board in the New York Gold Room, September 24, 1869, showing the collapse of the price of gold.

    Photograph of the black board in the New York Gold Room, September 24, 1869, showing the collapse of the price of gold.

    Trends

    Health Care Chapter 11 Filings Are Rising

    Restructuring

    Out-of-court restructuring alternatives

    Adequate Protection

    Courts Trending Toward Motion Date to Begin Adequate Protection Payments

    Sales

    Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?

    Avoidance and Recovery

    Making Sausage – – The Seventh Circuit Examines the “Ordinary Course” Preference Defense

    Bankruptcy litigation

    Claims

    Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?

    Cross-Border

    Recognition of Foreign Insolvency Proceedings under Chapter 15 of the Bankruptcy Code

    ‘WHAT A LEGEND’ – COURT REJECTS RECOGNITION OF FOREIGN PROCEEDING AND ORDERS WIND UP IN THE FACE OF CHAPTER 11 BANKRUPTCY

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending April 30, 2016

    Friday, April 29th, 2016

    One World Trade Center stands the Lower Manhattan skyline at dusk in this aerial photograph taken above New York, U.S., on Friday, June 19, 2015. The Standard & Poor's 500 Index fell, with the gauge dropping below its price for the past 50 days, while Treasuries retreated. Photographer: Craig Warga/Bloomberg via Getty Images

     

    Trends

    Article: March 2016 Bankruptcy & Restructuring Litigation Update

    Valuation

    U.S. Chapter 11 Bankruptcy Valuations are on the Money

    Concerned about a going concern? New standards on accounting standards

    Financing

    IRS Withdraws Controversial Pronouncement on “Bad Boy” Guarantees

    DIP loans to distressed companies mount with bankruptcies

    Litigation and Dispute Resolution

    Whose Rules Are They Anyway? Even in District Court, the Bankruptcy Rules Apply to Proceedings Arising Under Chapter 11

    6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART ONE — A DIFFERENT MEDIATION MODEL

    Freedom of the Press v. Mediation Confidentiality: Inside A Bankruptcy Court Dust-Up

    Avoidance and Recovery

    Burr Alert: Termination of a Commercial Lease May be an “Avoidable Transfer” in Bankruptcy, holds Seventh Circuit

    Delaware Preference Update: New Value, Prejudgment Interest and Early Payment Ordinary Course Defenses

    Cross-Border

    Spain’s Abengoa Wins Chapter 15 in U.S.

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    Bankruptcy and Insolvency News and Analysis – Week Ending April 22, 2016

    Friday, April 22nd, 2016

    money_3

    Trends

    Triple negative – making sense of the current wave of corporate restructurings

    Task Force Studying Individual Chapter 11 Filings

    Workouts and Restructuring

    Please Buckle Your Seatbelts and Check Your D&O Insurance: A Gloomy Forecast Is Ahead

    Bankruptcy Court Chips Away at Bankruptcy Remoteness of Special Purpose Vehicles

    Executory Contracts

    Late Is Never Better! Timeline to Protect Your Contract in a Market Downturn

    Claims and Creditors

    “When Worlds Collide: Article 2 of The Uniform Commercial Code and Chapter 11”

    Avoidance and Recovery

    Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments

    Seventh Circuit Finds Tax Sale Avoidable

    Sales

    Third Circuit Permits Purchaser in Section 363 Sale to Make Payments to Interested Parties, Deviating from Bankruptcy Code Priority Scheme

    Confirmation

    Ninth Circuit Rulings on Equitable Mootness in Transwest and Sunnyslope Impact Third Party Investors

    Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending April 8, 2016

    Friday, April 8th, 2016

    dollar-726877_960_720

    Trends

    Number of Large Business Bankruptcies Highest Since 2010

    Sales

    Ninth Circuit B.A.P. Drove Down Bayshore Boulevard and Rendered a Decision on the Merits of a Section 363(m) Appeal in the Face of New Facts

    Avoidance and Recovery

    Bankruptcy court tightens intentional fraudulent transfer pleading requirements

    Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit

    Claims

    Limited Liability Company: How Far Can a Member’s Trustee Reach?

    Confirmation

    Back to Basics and the 1990s – Does the Discharge Include Alter Ego Claims?

    Cross-Border

    What Did You Expect?  Insolvency Forum Clauses

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending February 5, 2016

    Monday, February 8th, 2016

    Houses and Money

    Sales

    Managing the Preparation, Delivery and Review of the Disclosure Schedule in Section 363 Transaction Can Help Avoid a Shipwreck

    Claims

    Subordination of Claims Under Bankruptcy §510(B)

    Bankruptcy Law News: Reclamation or Section 503(b)(9) Claim? – A Potential Trap

    Secured Claims

    In re Domistyle, Inc.: When Is a Section 506(c) Surcharge Appropriate?

    Avoidance and Recovery

    Fraudulent Transfers In Hypnotic Taxi

    Confirmation

    Ninth Circuit Follows the Lead on Absolute Priority Rule

    Unsecured Creditor Wins Over Individual Ch. 11 Debtor

    Cross-Border

    Cross-Border Closing Opinions of U.S. Counsel

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    Bankruptcy and Insolvency News and Analysis – Week Ending January 15, 2016

    Sunday, January 17th, 2016

    Financial Crisis Logo

    Trends and Legislation

    AACER: Pardon the Interruption. . .Bankruptcy Filings Resume Their Decline

    Bankruptcy Filings Declined 10 Percent in 2015

    2015 Bankruptcy Recap: 46% Increase Fueled By Oil & Gas/Mining Industry – Analysts Predict Further Uptick

    Examining Proposed Chapter 11 Reforms Through the Lens of Recent Retail Cases

    Post-Petition Operations

    Is a “Sound Business Purpose” Always Enough?

    Sales

    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process

    Avoidance Actions

    PREFERENTIAL TRANSFER LAWSUITS BY NEW BORROWERS/DEBTORS — IS IT GAME OVER ON THE ORDINARY COURSE DEFENSE?

    Red Flag Warnings: Ignore Them At Your Peril

    UCC Financing Statements: The Ins and Outs of “Authorization”

    Claims

    Claims Trading Warps the Bankruptcy System

    Dismissal

    ‘Sketchy Activity’ Gets Bankruptcy Case Dismissed

    Cross-Border

    Regulations, Roadmaps and Recommendations: The Latest Developments in the Harmonisation of Global Insolvency Laws

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    Bankruptcy and Insolvency News and Analysis – Week Ending October 23, 2015

    Friday, October 23rd, 2015

     

    A Run on the Bank

    Trends

    The LSTA Publishes Detailed Response to the ABI Commission’s Proposed Bankruptcy Reforms

    Secured Claims

    California Court Holds Implied Consent Is a Valid Alternative Basis to Surcharge Secured Creditors’ Collateral

    Executory Contracts

    Bankruptcy Court Makes ‘Executive’ Decision, Rules Master Service Agreement Ineligible for Rejection

    Sales

    Das Moot – Debtors’ Argument that 363(m) Moots Creditors’ Appeal of Sale Order Gets Sunk by Third Circuit

    Avoidance and Recovery

    In re PSN USA, Inc: Eleventh Circuit Holds Indirect Benefits May Constitute Reasonably Equivalent Value Under Section 548

    Cross-Border

    Chapter 15 Provides Restructuring Avenue for Brazilian Companies

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    Bankruptcy and Insolvency News and Analysis – Week Ending September 25, 2015

    Friday, September 25th, 2015

     

    Great Recession - 1

    Case Commencement

    Guernsey Dairy Opinion – Allowing WARN Claims to Arise May Breach a Director’s Duty

    Venue and Compensation

    Stakeholders Have Mixed Views on Attorneys’ Fee Guidelines and Venue Selection for Large Chapter 11 Cases

    What Happens In The Bahamas – – Stays In The Bahamas

    Creditors’ Expenses Can Be Reimbursed in Ch. 7 Case

    Automatic Stay

    District Court Holds that Assignee is Not Entitled to Safe Harbor Protections

    Claims and Administrative Expenses

    Checkmate: Trumping a Supplier’s Administrative Claim

    REEXAMINING THE EQUITABLE POWERS OF THE BANKRUPTCY COURT AFTER LAW V. SIEGEL

    Sales

    Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors

    So Long as It’s Your Own Money — Third Circuit Allows Secured Creditors to Gift Value to Junior Creditors to Resolve Sale Objection Even When More Senior Creditors Receive Nothing

    Confirmation and Discharge

    Putative Class Actions in Bankruptcy for Violations of the Discharge Injunction and Bankruptcy Code Section 524(j)

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    Bankruptcy and Insolvency News and Analysis – Week Ending August 7, 2015

    Friday, August 7th, 2015

    Burning 20

    Trends

    July Commercial Chapter 11 Filings Increase 77 Percent from 2014

    Claims And Litigation

    Just Follow the Rules!  FRCP amendments could be e-discovery game changer

    Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

    Avoidance and Recovery

    Ordinary Course of Business Defense Further Examined – Burtch v. Revchem Composites, Inc.

    In a Case of First Impression at the Circuit Level, Ninth Circuit Holds an Insider Who Waives his Right to Indemnification from the Debtor is not a “Creditor” for Purposes of Preferential Transfers Under Sec. 547 of the Bankruptcy Code

    Sales

    The ABI Commission on Business Bankruptcy Reform: The Sale of All or Substantially All of the Debtor’s Assets and Proposed Creation of “Section 363(x)”

    Confirmation

    IN RE SEASIDE ENGINEERING: ELEVENTH CIRCUIT HOLDS FAST ON LEGITIMACY OF NON-CONSENSUAL THIRD PARTY PLAN RELEASES

    Structured Dismissals Part IV – Bells & Whistles: Sweetening the Pot and Drawing Objections

    Post-Bankruptcy Investing & Chapter 22s: Iconic Branding Alone Is Not Enough

    Cross-Border

    OAS S.A. Part III – SDNY Takes a Narrow View of Chapter 15’s Public Policy Exception

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