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 September 23, 2016
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    Bankruptcy and Insolvency News and Analysis Week Ending September 16, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending September 9, 2016
       

    Bankruptcy and Insolvency News and Analysis – Week Ending September 23, 2016

    Sunday, September 25th, 2016

     

     

    Secured Claims

    What’s in Your Intercreditor Agreement? For First Lien Lenders, the Devil’s in the Details

    Claims Disputes

    PEM Entities, LLC v. Province Grande Olde Liberty, LLC: Fourth Circuit Recharacterizes Insider Debt Purchase as Equity

    Litigation

    Stern Amendments to Bankruptcy Rules

    Avoidance And Recovery

    Lyondell Decision Opens Door to Actual Fraudulent Conveyance Claims by Lenders in LBOs

    Trustee Tests New Tactic in Construction Bankruptcy

    “Reasonably Equivalent Value” – – A Path Without Guideposts.

    Confirmation

    Insider’s Scoop: Judge Sontchi’s Decision to Confirm Horsehead’s Plan Was One of His Honor’s Most Difficult and Closest Calls in Ten Years on the Bench

    Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

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    Bankruptcy and Insolvency News and Analysis – Week Ending September 9, 2016

    Sunday, September 11th, 2016

    kondratiev-cycle

    Trends

    Breaking the Streak: Bankruptcy Fillings Increase in August

    Business Bankruptcy Filings by Month, 2015 vs. 2016

    The Great Debt Unwind Beneath the Surface: US Commercial Bankruptcies Soar

    US commercial bankruptcies are soaring

    Case Commencement

    Third Circuit Denies Summary Judgment in Issue of Pre-emption

    Bankruptcy Estate

    District Judge May Have Split with Ninth Circuit BAP on Estate Property

    Sales

    In re Aéropostale, Inc.: Bankruptcy Court Finds No Inequitable Conduct and Rejects Motion to Equitably Subordinate Claim and Deny Credit Bidding Rights

    Claims

    Recharacterization: It’s The Substance Of The Transaction That Matters

    Avoidance and Recovery

    Asset Protection’s Significant Setback Is Great News For Creditors

    Cross-Border

    In Re Sanjel (USA), Inc.: Bankruptcy Court Denies Comity to Canadian Court’s Injunction Protecting Officers and Directors

    Hanjin bankruptcy: Are Korea’s ‘chaebols’ in crisis?

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    Bankruptcy and Insolvency News and Analysis – Week Ending August 12, 2016

    Sunday, August 14th, 2016

    San_Francisco_Pacific_Railroad_Bond_WPRR_1865

    Trends

    Despite the overall decline, commercial filings continue to increase, according to the American Bankruptcy Institute

    Case Commencement

    A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees

    Executory Contracts

    In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails

    Claims

    Yes. It is Possible to Avoid Tax Penalty Claims in Bankruptcy

    Avoidance and Recovery

    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation

    Confirmation

    Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

    Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

     

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

    Friday, August 5th, 2016

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    Trends

    30 companies that might disappear in 2017

    Current Developments

    An Overview of the Ninth Circuit Bankruptcy Appellate Panel and its Reviewed Decisions During 2015

    Claims

    Is “Allowance” of a Claim Binding in the Next Case? Bankruptcy or Otherwise?

    Get to the Back of the Line! Delaware Bankruptcy Court Holds C-Suite Stock Compensation was Equity Security Not General Unsecured Claim

    Avoidance and Recovery

    Fraudulent Transfer Defeats Tenancy By The Entireties Protection Of Sarasota Home In Major

    Bankruptcy court failed to impute CEO’s intent to Lyondell

    Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

    In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee

    Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules

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

    Sunday, July 17th, 2016

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    Trends

    George Putnam’s Mid-Year Bankruptcy Update: Sharp Increase in Filings Underway

    Post-Petition Operations

    Internet Service a Utility in Bankruptcy? It Might Be Now.

    Claims

    Bankruptcy Pitfalls: How an infringer’s bankruptcy could impact your IP rights

    Know When to Fold ‘Em – Texas Bankruptcy Court Enjoins Losing Bidder’s “Sour Grapes” Attempt to Bring Derivative Claims Under the Guise of Direct Claims

    Avoidance and Recovery

    Creditor Rights and Entrepreneurship: Evidence from Fraudulent Transfer Law

    Mediation

    Mandatory Mediation & Good Faith: “You can lead a horse to water, but . . . “

    Post-Confirmation

    Some Much Needed Transparency Required on Liquidating Trustees, Liquidating Trusts, Plan Documents, and Other Post-Confirmation Matters

     

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

    Saturday, July 9th, 2016

    Bank Notes

    Trends

    The Big Unravel: U.S. Commercial Bankruptcies Skyrocket

    Commercial Bankruptcy Filings Climb 29% for the First Half of 2016

    Annual U.S. Bankruptcy Filings on Track for 6.7% Decline

    June Chapter 11 Business Filings Since 2010

    In Rebound From Brutal Years, Distressed Debt Returns Soar In 2016’s First Half

    Avoidance and Recovery

    Seventh Circuit Clarifies What It Takes to Make a Preference Payment “Ordinary”

    Bankruptcy Mediation

    Preparing for Multiparty Mediation: A Checklist — Part Three, Items 6-10

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    Bankruptcy and Insolvency News and Analysis – Week Ending June 3, 2016

    Friday, June 3rd, 2016

    Stock Charts

    Trends

    Total Commercial Bankruptcy Filings Increase 32 Percent in May

    Case Commencement

    Blocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable

    Claims and Vendors

    When Vendors Are Consigned to a Lower Authority

    Impact of Critical Vendor Payments — More Critical Than Ever

    Executory Contracts

    First Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113

    Valuation

    Finance And Law: The Pros And Cons Of Monte Carlo Simulations In Valuation

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    Bankruptcy and Insolvency News and Analysis – Week Ending May 13, 2016

    Friday, May 13th, 2016

    Trends

    The “credit cycle” begins to unravel.

    Litigation and ADR

    6 Reasons Why Bankruptcy Mediation is a Process, Not a One-and-Done Session: PART THREE — DISCOVERY VACUUM

    Corporate Governance

    Bankruptcy Court Opinion Clarifies California Law on Duties of Directors & Officers Upon Insolvency

    Avoidance and Recovery

    Making Fraudulent Transfer Law More Predictable

    Golf Channel Finds the Fairway in Fraudulent Transfer Litigation – Good News for Vendors in Ponzi Scheme Cases

    Now You See It, Now You Don’t – The Search for “Unreasonably Small Capital”

    Valuation

    Valuation Outside the Box: Southern District of Texas Affirms the Bankruptcy Court’s Discretion to Select Appropriate Valuation Methodologies

    Executory Agreements

    Chapter 11 Debtors Exempt From Their Obligations Under An Expired Collective Bargaining Agreement

     

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

    Friday, April 8th, 2016

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    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 March 11, 2016

    Friday, March 11th, 2016

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    Trends

    Number of Troubled Companies Nears 2009 Peak

    February Commercial Bankruptcy Filings Climb 32% Y/Y, Chapter 11 Filings Up 31%

    Case Administration

    Examiner reports on U.S. bankruptcies, their success and cost

    Texas-Based Debtor Stays Bound by Delaware Venue’s Gravity

    The Impact of Chapter 11 on ‘Corporate Democracy’

    Avoidance and Recovery

    Opinion in AES Thames – A Pro-Defendant Interpretation of the Ordinary Course of Business Defense

    Discharge and Dischargeability

    Supreme Court to Answer the Question: What is Fraud, Really?

     

     

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