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 May 13, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending May 6, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending April 30, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending April 22, 2016
       

    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

    BankOfUS2000

    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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    Bankruptcy and Insolvency News and Analysis – Week Ending March 4, 2016

    Friday, March 4th, 2016
    The bitcoin logo

    The bitcoin logo (Photo credit: Wikipedia)

    Trends

    February 2016 Commercial Bankruptcy Filings Increase 32 Percent Over Last Year

    Claims

    Bringing Certainty to Uncertainty: Estimation of Tort Claims

    Avoidance and Recovery

    Lack of Knowledge is No Defense: Seventh Circuit Strips Bank’s Lien on More than $300 Million in Assets

    Bankruptcy Estate

    Bitcoins Are Not Dollars in Bankruptcy Court

    Bitcoin Is “Property,” Rules California Judge in Pivotal Bitcoin Case

    Executory Contracts

    The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations

    Confirmation

    Fifth Circuit Reverses Officer’s Release in Chapter 11 Reorganization Plan

     

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

    Friday, January 22nd, 2016

    Coins

    Trends

    Bankruptcies sink to lowest point since 2006

    Legislation and Rules

    Key Considerations for Bankruptcy Practitioners Regarding Amended Federal Rules of Civil Procedure

    Automatic Stay

    What Creditors Need to Know – Two Recent Bankruptcy Rulings Affect Rights and Risks Regarding the Automatic Stay

    Executory Contracts

    Limited Liability Company Interests as Property of a Debtor’s Estate – Executory Agreements and the Conundrum of Section 365

    Claims

    No Authorization? No Problem. Court Finds that Unauthorized Loan Is Entitled to Priority Status

    Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

    Disclosing Claims-Trading Prices Would Hurt Debtors, Creditors

    Avoidance and Recovery

    Bankruptcy Court Tightens Intentional Fraudulent Transfer Pleading Requirements

    Extraterritorial Transactions – a Viable Way to “Take the Money and Run”?

    Lenders are Required to Investigate Suspicious Loan Transactions

    Liquidation

    The Death of an LLC: What’s Trending in LLC Dissolution Law?

    Cross-Border

    Berau May Expand US Restructuring Options for Foreign Issuers

    How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order

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    Bankruptcy and Insolvency News and Analysis – Week Ending November 6, 2015

    Saturday, November 7th, 2015

    Crisis and failure concept

    Trends

    The Polsinelli|TrBK Distress Indices for 3rd Quarter 2015

    AACER: Bankruptcy Filings Climb in October

    DIP Finance

    Banks Beware: DIP Loans May Prime Setoff Rights

    Claims

    Recent Opinions Bring Sharper Focus to the Time Barred Proof of Claim Dilemma

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending October 30, 2015

    Sunday, November 1st, 2015

    Salad

    Trends

    BAPCPA at 10: Was It Good or Bad?

    Bankruptcy Filings declined 11% in Fiscal 2015, Lowest Filings since 2007

    Avoidance and Recovery

    In re MCK Millennium: Court Vacates Landmark 546(e) Safe Harbor Decision

    House Wins! 7th Circuit Holds that “Good Faith” Defense Under Section 550(b)(1) Applies to Casino in Fraudulent Transfer Action

    Distressed Investing

    As Defaults Rise, Distressed-Debt Investors Seek an Edge by Buying the DIP

    Bankruptcy 101 for Investors: Acquiring a Debtor’s Assets in a Bankruptcy Case

    Related Articles

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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 September 11, 2015

    Saturday, September 12th, 2015

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    Claims and Priorities

    “Conduct” Test Now the Rule in the Seventh Circuit – But We Still Don’t Know How the Seventh Circuit Will Deal With Due Process Concerns

    Decoding the Code: Bankruptcy Code Section 510(a) – Subordination Agreements in Bankruptcy

    Fail to ‘Notice’ an Objection to Your Proof of Claim? Too Bad Says the Bankruptcy Court

    Avoidance and Recovery

    Overview of the Landscape for Evaluating Creditors’ Breach of Fiduciary Duty Claims in Delaware

    The Good Faith Transferee Defense and Publicly Traded Securities

    Cross-Border

    Bankruptcy Court Authorizes Hellas II Liquidators to Proceed with Claims against Apax, TPG and Others

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    Bankruptcy and Insolvency News and Analysis – Week Ending August 14, 2015

    Friday, August 14th, 2015

    1923_german_financial_crisis

    Avoidance and Recovery

    Assumption/Assignment of Contracts – Preference Defense

    Fraudulent Transfer, Breach of Fiduciary Duty Claims Constitute Equitable Tolling

    Sales

    Chapter 11 Sales: Believe It Or Not, There Really Are Limits

    Transferring Customer Data in an Asset Sale

     

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