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 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 July 1, 2016

    Monday, July 4th, 2016

    4th of July

    Happy Birthday, America!

    Trends

    Single-Asset Real Estate Filings Inched Up in Q1 2016

    Case Commencement

    Structural Limitations on Bankruptcy Filings—Blocking Tactics on the Block

    Avoidance and Recovery

    Your Customer Just Declared Bankruptcy: Recent Decision That All Suppliers/Vendors Should Be Aware Of

    Safe Harbor Defense Bars Creditors’ State Law Fraudulent Transfer Claims

    Alternative Dispute Resolution

    Preparing for Multiparty Mediation: A Checklist — Part Two, Items 1 – 5

    Confirmation

    SPLIT NINTH CIRCUIT NARROWS DEFINITION OF BAD FAITH INSIDER IN CRAMDOWN CASE

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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 May 27, 2016

    Monday, May 30th, 2016

    1893 Panic

    Trends

    Corporate Bankruptcy Panel—ABI Commission’s Report on the Reform of Chapter 11: Small and Medium Businesses, Sales of Assets, Financing, and Plans

    Restructuring

    When It’s Time to Hire a Chief Restructuring Officer

    Estate Property

    Assets Held by Charitable Organizations Are Safe From Claims of Creditors in Bankruptcy Cases . . . Or Are They?

    Debtor’s Life Insurance Policy Belongs to Bankruptcy Estate

    Secured Claims

    Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition Date and Before Plan Confirmation

    Discharge

    Not So Fast – Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge in Husky International

    Cross-Border

    Why Two Facets of Chapter 15 Rulings Hinder Cross-Border Insolvency Petitions in the United States

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending May 6, 2016

    Friday, May 6th, 2016

    Trends

    Business bankruptices keep climbing (and other news from Washington today)

    What Does Chapter 11 Really Cost?

    Avoidance Actions

    Making the Safe Harbors Safe Again: United States Court of Appeals for the Second Circuit Holds That State Law Constructive Fraudulent Conveyance Claims Brought by Creditors Are Preempted by the Safe Harbor of Section 546(e) of the Bankruptcy Code

    Litigation and Dispute Resolution

    6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART TWO — NEED FOR QUICK RESOLUTION

    U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay

    Discharge

    Is a Pre-Petition Settlement Agreement Providing That a Debt Will Be Non-Dischargeable in Bankruptcy Enforceable?

    Cross-Border

    Kaisa Seeks U.S. Bankruptcy Court Aid in Hong Kong Debt Plan

     

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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 1, 2016

    Thursday, March 31st, 2016

    Financial-Management-and-Accounting-300x300

    Trends

    The Next Perfect Banking Storm

    Estate Property

    When Vendors Are Consigned to a Lower Authority

    Words Matter—Ninth Circuit Decides Issue of Contract Interpretation

    Restructuring

    The Southern District of New York’s Norske Skog Decision: What Constitutes A Refinancing May Be In The Eye of The Beholder

    Bad Boys, Bad Boys…Whatcha Gonna Do When They Come Tax You?

    Executory Contracts

    Investors Beware, A Contract Ain’t What It Used To Be!

    Cross-Border

    Lessons Learned From an International Shipping Bankruptcy

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    Bankruptcy and Insolvency News and Analysis – Week Ending February 19, 2016

    Friday, February 19th, 2016

    Coins - 2

    Trends

    The Altman Z-Score In Edward Altman’s Own Words

    Notable Plan Confirmations or Exits From Bankruptcy in 2015

    House Panel Approves Financial Institution Bankruptcy Act

    Recent Developments: 2016 Lookback Period – Six Weeks (Part 1)

    Recent Developments: 2016 Lookback Period – Six Weeks (Part 2)

    Insolvency Planning

    The Venture-Backed Company Running Out Of Cash: Fiduciary Duties And Wind Down Options

    Claims

    The Role of Claims Trading in Bankruptcy

    Avoidance and Recovery

    Turning A Blind Eye Cost Lender Hundreds Of Millions Of Dollars; Inquiry Notice Spoils Lender’s Good Faith Defense In Fraudulent Transfer Case

    Reorganization

    SIXTH CIRCUIT AFFIRMS REJECTION OF BAD FAITH CHAPTER 11 PLAN

    Creditor Not an ‘Insider’; Can Vote on Ch. 11 Plan

    Ninth Circuit Issues Controversial Opinion Limiting Insider Status for Purposes of Voting on a Chapter 11 Plan of Reorganization

    Extinguishment of Liens Through a Plan of Reorganization

    Of Interest: Bankruptcy Court Has Equitable Power to Award Postpetition Interest to Unsecured Creditors Under Cramdown Chapter 11 Plan

    California Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor’s Schedules and Sworn Testimony

    Cross-Border

    In re Lyondell: Section 548 Avoidance Power Can Reach Foreign Transfers

    Perspective: How to Strategize a Cross-Border Asset Recovery Investigation

     

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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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