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 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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    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 18, 2015

    Friday, September 18th, 2015

    Panic-of-1857

    Case Commencement

    Dueling venues and the (almost) futility of involuntary bankruptcy

    Bankruptcy Estate

    Whose Property Is The Corporate Social Media Account?

    Automatic Stay

    Religious Proceeding Violates Automatic Stay

    Claims, Avoidance, and Recovery

    Think You Got A Blank Check? Think Again

    In re Alternate Fuels, Inc.: Key Takeaways for Venture Capitalists Working with Emerging Companies

    A Bankruptcy Horror Story – State Bank of Toulon v. Covey (In re Duckworth)

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    Bankruptcy and Insolvency News – Week Ending May 1, 2015

    Friday, May 1st, 2015

    gran_depresion

    Trends

    March 2015 Bankruptcy Filings Down 12 Percent

    Bankruptcies Drop: ‘The Worst I’ve Seen in 30 Years’

    SINGLE ASSET REAL ESTATE DEBTORS ACCOUNT FOR 19 PERCENT OF ALL CH. 11 CASES TO DATE

    The American Bankruptcy Institute’s Recommendations for Chapter 11 Reform

    Out-of-Court Workouts

    RECENT DECISIONS CONCERNING THE TRUST INDENTURE ACT UNDERLINE THE LIMITS ON OUT-OF-COURT RESTRUCTURINGS

    Avoidance and Recovery

    The Fraudulent Transfer Laws Do Indeed Apply To Future Creditors

    Liability for Preferential Transfer May Be Reduced by Subsequent New Value

    Fraudulent Transfer Damages: Creditor Windfall, Creditor Claims Cap, or Equitable Determination by the Court?

    Leases and Executory Contracts

    Filene’s Basement Decision Interprets Lease Rejection Damages Statute

    Intellectual Property and Social Media

    Texas Bankruptcy Court ‘Likes’ Facebook and Twitter Accounts as Property of the Reorganized Debtor

    Cross-Border

    Reorganization By Foreign Debtors In The US And UK

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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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    Insolvency News and Analysis – Week Ending January 9, 2015

    Saturday, January 10th, 2015

    BK Options

    Trends

    Bankruptcy Count Lowest Ever. Uptick Anticipated – Health Care Filings Lead Count

    Bankruptcies Down 12% in 2014, Forecast Predicts the Same Decline for 2015

    Legislation and Reform

    Redemption Option Value: Broad Implications for Secured Lenders

    ABI Chapter 11 Reform Commission Series: Oversight of the Case (Part I)

    Corporate Governance

    APPOINTMENT OF INDEPENDENT DIRECTORS ON THE EVE OF BANKRUPTCY: WHY THE GROWING TREND?

    Secured Claims

    Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant

    Even The “Cleverly Insidious” Lender Cannot Prevent Its Borrower From Filing Bankruptcy

    Common Provisions in a Chapter 11 Plan Prevent Lender from Collecting From the Owner of the Debtor

    Leases and Executory Contracts

    Capital Leases in Bankruptcies – A Lesson from Xchange Technology Group

    It’s Not Purdy, But It’s Not A Per Se Security Agreement

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