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 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 5, 2016

    Friday, August 5th, 2016

    golden-gears-7866086

    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

    Current_account_imbalances_EN_(3D).svg

    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 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 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 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 30, 2016

    Friday, April 29th, 2016

    One World Trade Center stands the Lower Manhattan skyline at dusk in this aerial photograph taken above New York, U.S., on Friday, June 19, 2015. The Standard & Poor's 500 Index fell, with the gauge dropping below its price for the past 50 days, while Treasuries retreated. Photographer: Craig Warga/Bloomberg via Getty Images

     

    Trends

    Article: March 2016 Bankruptcy & Restructuring Litigation Update

    Valuation

    U.S. Chapter 11 Bankruptcy Valuations are on the Money

    Concerned about a going concern? New standards on accounting standards

    Financing

    IRS Withdraws Controversial Pronouncement on “Bad Boy” Guarantees

    DIP loans to distressed companies mount with bankruptcies

    Litigation and Dispute Resolution

    Whose Rules Are They Anyway? Even in District Court, the Bankruptcy Rules Apply to Proceedings Arising Under Chapter 11

    6 Reasons Why Bankruptcy Mediation is a Process, not a One-and-Done Session: PART ONE — A DIFFERENT MEDIATION MODEL

    Freedom of the Press v. Mediation Confidentiality: Inside A Bankruptcy Court Dust-Up

    Avoidance and Recovery

    Burr Alert: Termination of a Commercial Lease May be an “Avoidable Transfer” in Bankruptcy, holds Seventh Circuit

    Delaware Preference Update: New Value, Prejudgment Interest and Early Payment Ordinary Course Defenses

    Cross-Border

    Spain’s Abengoa Wins Chapter 15 in U.S.

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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 April 1, 2016

    Thursday, March 31st, 2016

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    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 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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