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 August 14, 2015
    Bankruptcy and Insolvency News and Analysis Week Ending August 7, 2015
    Bankruptcy and Insolvency News and Analysis Week Ending July 31, 2015
    Debt Equity: Recharacterization of Debt in Bankruptcy Proceedings And What To Do About It
       

    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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    Bankruptcy and Insolvency News and Analysis – Week Ending August 7, 2015

    Friday, August 7th, 2015

    Burning 20

    Trends

    July Commercial Chapter 11 Filings Increase 77 Percent from 2014

    Claims And Litigation

    Just Follow the Rules!  FRCP amendments could be e-discovery game changer

    Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

    Avoidance and Recovery

    Ordinary Course of Business Defense Further Examined – Burtch v. Revchem Composites, Inc.

    In a Case of First Impression at the Circuit Level, Ninth Circuit Holds an Insider Who Waives his Right to Indemnification from the Debtor is not a “Creditor” for Purposes of Preferential Transfers Under Sec. 547 of the Bankruptcy Code

    Sales

    The ABI Commission on Business Bankruptcy Reform: The Sale of All or Substantially All of the Debtor’s Assets and Proposed Creation of “Section 363(x)”

    Confirmation

    IN RE SEASIDE ENGINEERING: ELEVENTH CIRCUIT HOLDS FAST ON LEGITIMACY OF NON-CONSENSUAL THIRD PARTY PLAN RELEASES

    Structured Dismissals Part IV – Bells & Whistles: Sweetening the Pot and Drawing Objections

    Post-Bankruptcy Investing & Chapter 22s: Iconic Branding Alone Is Not Enough

    Cross-Border

    OAS S.A. Part III – SDNY Takes a Narrow View of Chapter 15’s Public Policy Exception

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    Bankruptcy and Insolvency News and Analysis – Week Ending July 31, 2015

    Friday, July 31st, 2015

    panic-on-the-floor

    Trends

    Fitch: U.S. Consumer Bankruptcies Set to Fall to Eight-Year Low

    Bankruptcy Filings Down 12 Percent Since Last June

    Sales

    Credit Bidding: Not An Absolute Right (And What Does That Mean?)

    Avoidance and Recovery

    The Fifth Circuit Declares A Mulligan In The Golf Channel “Innocent Transferee” Case

    Claims

    Tenth Circuit Declares “No Recharacterization Without Justification”

    Cross-Border

    SDNY Sides with Fifth Circuit and the UNCITRAL Model Law when Granting Recognition to OAS S.A. et al.

    OAS S.A. Part II – SDNY Holds That Austrian Financing Subsidiary Has Its Center of Main Interests in Brazil

    OAS Chapter 15 decision sheds new light on cross-border insolvency practice, but may add complexity to financial institutions’ global credit risk management

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending June 5, 2015

    Friday, June 5th, 2015

    Down With the Rich

    Trends

    May Commercial Chapter 11 Bankruptcies Increase 16%

    Quick Bankruptcy Exit May Lead to Return Trip, Professionals Say

    Unsecured Claims

    Setoffs – Cutting Your Losses Both Inside and Outside Bankruptcy

    Secured Claims

    United States Supreme Court Begrudgingly Extends Dewsnup Decision

    You’re Late! You’re Late! For a Very Important Date! Seventh Circuit Holds Bankruptcy Rule 3002(c) Deadline to File Proofs of Claim Applies to Secured Claims

    The ABI Commission on Reform of Chapter 11 Final Report: What Secured Creditors Need to Understand

    Recent Unitranche Issues in the RadioShack Bankruptcy Case

    Fodder for the Dinner Table: The Rights of Secured Creditors in Chapter 11

    Litigation

    Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About the Waiver of the Attorney-Client Privilege in Bankruptcy

    Confirmation

    In re Jevic Holding Corp: Third Circuit Allows Structured Dismissal of Chapter 11 Case that Violates the Bankruptcy Code’s Priority Scheme

    Related Articles

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    Bankruptcy and Insolvency News and Analysis – Week Ending May 29, 2015

    Friday, May 29th, 2015

    Run on the Bank

    Jurisdiction and Procedure

    All’s Wellness That Ends Well?: Supreme Court Permits Parties To Consent To Bankruptcy Court’s Entry Of Final Judgment On Stern Claims

    2015 Amendments to the Federal Rules and Potential Changes in 2016

    Confirmation

    Third Circuit Authorizes Structured Dismissal of Chapter 11 Case

    Cross-Border

    New Focus On Cross-Border Restructuring Of Groups For The Recast EC Regulation On Insolvency Proceedings

    NEW YORK’S SOUTHERN DISTRICT HAS 70 PERCENT OF CH. 15 CASES

    DTEK Restructuring Scheme Opens Door For Global Bond Issuers To Bypass Chapter 11

    The International Comparative Legal Guide to Lending & Secured Finance 2015

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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 April 24, 2015

    Friday, April 24th, 2015
    Historic Minnesota Supreme Court Chamber in th...

    Historic Minnesota Supreme Court Chamber in the Minnesota State Capitol (Photo credit: Wikipedia)

    Trends

    Why It’s OK That Companies Are Dying Faster Than Ever

    Business Bankruptcy Filings Continue To Decline, Will The Trend Continue?

    Retail Chapter 11 Filings Up, Bucking Bankruptcy Trends In Economic Recovery

    Proposed Recommendations for the Reform of Chapter 11 U.S. Bankruptcy Code

    Administration

    SEC Temporary Asset Freeze Not Barred by Automatic Stay Provisions

    US SDNY Bankruptcy Court Finds Bank Violated Automatic Stay by Placing Administrative Freeze on Debtor’s Bank Account

    Avoidance and Recovery

    Minnesota Supreme Court Rejects The Ponzi Scheme Presumption: Lenders Claw Back Some Of Their Own Rights

    Valuation

    Valuation of derivatives and complex securities

    Confirmation

    ABI Commission Report – Cramdown Interest Rates

    Cross-Border

    US Bankruptcy Court Recognized Israeli Liquidation Proceeding in a Chapter 15 Case

    Delaware decisively ousts New York as friendliest US cross-border insolvency venue

     

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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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