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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      Insolvency News and Analysis - Week Ending April 17, 2015
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    Insolvency News and Analysis – Week Ending April 17, 2015

    Friday, April 17th, 2015
    Trade Off theory diagram

    Trade Off theory diagram (Photo credit: Wikipedia)

    Trends

    Corporate bankruptcies are on the rise in America

    U.S. public companies seek bankruptcy at fastest 1st-qtr rate since 2010

    Q1 Bankruptcy Filings Fall 15%

    Dr. William Rule (AOUSC): When Will Bankruptcy Filing Trends Change Course?

    The $12,473 Corporate Reorganization

    Current Developments

    Bankruptcy Year In Review 2014

    Corporate Governance

    Corporate Governance In Chapter 11 – Business As Usual, With Possible Exceptions

    Administrative Claims

    Reclamation, Administrative Claims and Other Possibilities for Recovery When a Factor Has Not Approved Orders

    Unsecured Claims

    Mandatory Subordination: How Even A Money Judgment Can Be Treated Like Equity In Bankruptcy

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    Insolvency News and Analysis – Week Ending April 10, 2015

    Friday, April 10th, 2015

     

    Pigs Get Fat

    Trends

    Q1 Distressed debt & bankruptcy restructuring review: Thomson Reuters

    ABI Commission’s Plan Process and Confirmation Recommendations: A Mixed Bag for Secured Creditors

    Weil’s Bankruptcy Blog: 2014 Annual Review

    Out-of-Court Restructuring

    Recent Case Law Impacting Debt Transactions

    Sales and Distressed Investing

    Distressed debt: Loan to own investment strategies after Fisker

    Hedge Funds and Distressed Debt Investing Program – Summary

    Avoidance and Recovery

    9th Circ. Panel Bolsters Trustees’ Reach-Back Powers

    Secured Claims

    Have Courts Left The Pinegate Open?

    Confirmation

    Tipping Point: Plan Clarification or Plan Modification? Third Circuit Denies Bankruptcy Court’s Use of Its Plan Clarification Powers to Circumvent Plan Modification Requirements of Section 1127

    Non-Consensual Third-Party Releases: Eleventh Circuit Joins “Pro-Release” Majority

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    Insolvency News and Analysis – Week Ending April 3, 2015

    Friday, April 3rd, 2015

    Bank Run

    Trends

    Q1/15 Commercial Bankruptcy Filings Down 19%

    Peer-to-peer lending is surging in the US, and it could hurt big banks

    Case Commencement

    Involuntary Bankruptcy Petitions: A Powerful Weapon, But Beware Of The Downside Risks

    Secured Claims

    Lender Beware: The Pitfalls of Narrowly Defined Secured Obligations

    Unsecured Claims

    Creditors’ Rights in Chapter 11: Use Them or Lose Them

    Avoidance and Recovery

    Reforming Preference Law

    Confirmation

    Third Circuit Finds Settlement Agreement to be Plan Modification

    Cross-Border

    Centre of Main Interest (COMI) and Jurisdiction of National Courts in Insolvency Matters (Insolvency Status)

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    Insolvency News and Analysis – Week Ending March 20, 2015

    Sunday, March 22nd, 2015

    jobs

    Trends

    Poll: Retail could push bankruptcies to rise

    Will Lower Unemployment Drive Bankruptcies?

    Case Commencement

    Petitioning Creditor Concerns in Involuntary Chapter 11

    Chapter 11 Triage: Diagnosing a Debtor’s Prospects for Success

    Sales

    Bankruptcy Sales: The Stalking Horse

    Claims

    Litigation or Estimation? When Should Nonbankruptcy Actions Continue in Their Original Forums, and When Should They Be Resolved Through Estimation in Bankruptcy Court?

    Look Before You Lend: Creditors’ Rights Against LLC Owners

    Avoidance and Recovery

    Eighth Circuit Says Focus is on the Intent of the Debtor in Fraudulent Transfer Law, Does Not Address Ponzi Scheme Presumption

    Cross-Border

    US Bankruptcy Court Declines to Grant Comity to Mexican Labor Board’s Decision

    Jacobs v. Terpitz: Entering Into A Partnership Constitutes “Minimum Contacts”

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    Bankruptcy News and Analysis – Week Ending January 30, 2015

    Sunday, February 1st, 2015

    Trends

    Expense Puts Lid on Bankruptcy Filings

    The Year in Review: U.S. Bankruptcy and Restructuring Matters

    Rethinking “Small” Business Bankruptcies

    Secured Claims

    Significant Ruling Gives Chapter 11 Debtors New Leverage Over Secured Creditors

    Automatic Stay

    Bankruptcy Court Refuses to Hop Aboard Faulty Subway Directions Excuse for Delayed Petition Filing

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    Insolvency News and Analysis – Week Ending November 21, 2014

    Friday, November 21st, 2014
    English: The Supreme Court of the United State...

    The Supreme Court of the United States. Washington, D.C. (Photo credit: Wikipedia)

    Trends

    Ch. 11s Fall 24 Percent in Week Ended Nov. 14 from Year Ago Pace

    Third Quarter Review

    Legislation and Rules

    A Dozen Reforms the ABI’s Bankruptcy Reform Commission Report Should Endorse

    Amendments Adopted by the Supreme Court to be Effective December 1, 2014

    Jurisdiction

    Thoughts on a New Age of Consent: What Does Consent Mean with Respect to Stern Claims?

    Secured Claims

    ‘Stripping Off’ Mortgage Cases Going To High Court

    Avoidance and Recovery

    NOLs – A Recoverable Transfer?

    Positive Health Of The Fraudulent Transferee’s Good Faith Defense

    Sales

    Buyer Beware: Payment On Assumed Debt In An Asset Sale Could Be An Avoidable Preference

    Confirmation

    Cramdown Hurdles Round 2: Confirmation Can Be An Elusive Prize

    Cross-Border

    Chapter 15 Bankruptcy: Game-Changer or False Dawn?

    Forty-Four Percent of Chapter 15s Filed in S.D.N.Y. in 2014

    Suntech Chapter 15: Moving COMI and Establishing Jurisdiction Held Legitimate and Not Improper Manipulation

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    Insolvency News and Analysis – Week of November 7, 2014

    Friday, November 7th, 2014
    English: The John Minor Wisdom U.S. Courthouse...

    English: The John Minor Wisdom U.S. Courthouse, home of the United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana. (Photo credit: Wikipedia)

    Trends

    Year-Over-Year Bankruptcy Filings Continue to Decline

    Current Developments

    Recent Developments in Bankruptcy Law

    Secured Claims

    Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Provisions

    The Bankruptcy Clause, the Fifth Amendment, and the Limited Rights of Secured Creditors in Bankruptcy

    Lenders take note of recent Fifth Circuit bankruptcy decision

    In re Motors Liquidation: No Intent Required for UCC-3 Termination Statement to be Effective

    Avoiding Collateral Damage: In re Motors Liquidation and the Effectiveness of UCC Termination Statements

    Administrative Claims

    In re World Imports: Court Denies Section 503(b)(9) Claims of Sellers Who Did Not Ship Goods Directly to the Debtor

    Proofs of Claim

    Think Twice: Signing Proofs of Claim for Clients

    Avoidance and Recovery

    Is this Harbor Safe? Second Circuit Set to Explore Limits of Bankruptcy Code Section 546(e)

    New Value Does Not Need to Remain Unpaid

    Give and Take: Delaware Bankruptcy Court Dismisses Trustee’s Turnover and Avoidance Claims Relating to Debtor’s Net Operating Losses

    Ordinary Course of Business Preference Defense Clarified in a Recent SDNY Bankruptcy Court Decision

    Sales

    Opportunistic Acquisitions: Buying Assets Through Bankruptcy

    Liquidations

    Stop in the Name of Equity: Second Circuit Affirms Dismissal of Appeals in Chapter 11 Liquidation Proceedings as Equitably Moot

    Reorganizations

    Momentive Postscript – Bankruptcy Rule 3018: Vote Changing on Chapter 11 Plans: You Can’t Have Your Cake and Eat It, Too

    Cross-Border

    Corporate Bankruptcy Tourists Land in U.S.

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    Insolvency News and Analysis – Week Ending October 17, 2014

    Friday, October 17th, 2014

    English: Woolworth's, Banbridge (3of3) See 110...

    Involuntary Petitions

    LLP: When Is A Partnership Not a Partnership (And Who Cares)?

    Sales

    Fiduciary Considerations for Pre-Bankruptcy Transactions

    In re NE Opco, Inc: Section 363(f) Bars Pre-closing Claims Arising from Purchaser’s Alleged Wrongdoing Occurring After Entry of Sale Order

    Claims

    Environmental Claims: The Gift That Keeps On Giving

    Dismissal

    #Hashtag: Thinking of Starting Your Own Marijuana Business?

    Cross-Border

    Second Circuit Fails to See the Comity in Chapter 15

     

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    Insolvency News and Analysis – June 20, 2014

    Friday, June 20th, 2014
    Alphabetical by Author

    Alphabetical by Author (Photo credit: woohoo_megoo)

     

     

     

     

     

     

     

     

     

     

     

    Bankruptcy and Insolvency News and Analysis – Week of June 16 – 20, 2014:

    Confirmation:

    Prevalence and Utility of Roadmap Decisions in Mega-Cases

    No Confirmation Without Representation: New Test Is Proposed for Approval of a Debtor’s Proposed Slate of Post-Confirmation Officers and Directors

    Bankruptcy Sales:

    Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?

    Secured Lending and Claims:

    An L of a Mess: Perfecting Against LLP’s

    Equity Begets Flexibility: Valuing a Secured Creditor’s Claim in Bankruptcy and Allocating Post-Petition Interest

    Avoidance Actions:

    Seventh Circuit Reads Bankruptcy Safe Harbor Broadly

    Defending Preference and Claw-Back Actions in the Wake of the Supreme Court’s Bellingham Decision

    Executory Contracts and Intellectual Property:

    Contract Remedies in the Face of Imminent Default – What Happens to State Law Adequate Assurance and Anticipatory Breach in Bankruptcy?

    Eighth Circuit reconsiders trademark licenses in bankruptcy

    Cross-Border:

    Comity and drama: current trends in cross-border insolvencies

    Jurisdiction and Bellingham Analysis:

    Supreme Court’s decision in Bellingham leaves key Stern v Marshall questions unanswered

    And Still More:

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    Bankruptcy News and Analysis – June 13, 2014

    Friday, June 13th, 2014
    Newspaper

    Newspaper (Photo credit: Wikipedia)

     

     

     

     

     

     

     

     

     

    Asset Ownership

    Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

    Secured Claims

    –  Circuit Court Affirms Bankruptcy Court’s Broad Discretion to Re-Value Collateral in Determining Creditor’s Entitlement to Post-Petition Interest

    Sales

    –  Liens and Interests Jettisoned [In] Asset Sales “Free and Clear”

    Avoidance Actions

    –  Did the Second Circuit Get SLUSA Right in the Madoff Ponzi Scheme Case?

    –  LLC Membership Transfer: Is Expulsion of a Member a Preferential Transfer?

    –  How Safe Is the Section 546(e) Safe Harbor?

    Cross-Border

    –  Limits of the Bankruptcy Code: Foreign  Restructuring Tools in a Czech Environment

    Environmental

    –  Clean Up for What?! After Enough Time, You Can Leave Your Mess Behind

    Tax

    Partnership Bankruptcy Tax Issues

    SCOTUS Rulings

    –  Did Law v. Siegel Sound the Death Knell for the Equity Powers of the Bankruptcy Court?

    –  Breaking News: Unanimous Supreme Court Closes Statutory Gap, Leaves Other “Core” Stern Questions For Another Day (Executive Benefits Insurance Agency v. Arkison)

    –  Applying Its Stern v. Marshall Ruling On The Power Of Bankruptcy Courts, The U.S. Supreme Court Issues A Narrow Decision In Executive Benefits Case

    Other Stories

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