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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      Insolvency News and Analysis - Week Ending March 27, 2015
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    Insolvency News and Analysis - Week Ending March 20, 2015
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    Insolvency News and Analysis – Week Ending March 27, 2015

    Friday, March 27th, 2015

    Depression-Era - 1

    Distressed Investing

    How to Analyze a Distressed Company

    Avoidance and Recovery

    I’ve Just Learned My Customer Is A Crook – Do I Have To Return The Money He’s Paid Me?

    Spinach for the Strong Arm Power

    The ‘Ponzi Scheme Presumption’ Is Dead. Long Live The ‘Ponzi Scheme Presumption’

    Confirmation

    The Overstated Absolute Priority Rule

    Cross-Border

    Bankruptcy Courts in the Second Circuit Must Review a Sale of a US Property under 11 U.S.C. § 363

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    Insolvency News and Analysis – Week of December 19, 2014

    Sunday, December 21st, 2014
    English: The United States Supreme Court, the ...

    The Nine

    Legislation

    Four Things You Need to Know About Chapter 11 Reform

    Corporate Governance

    Slouching Towards Bankruptcy: Corporate Fiduciaries Escape Liability in Ultimate Escapes

    Secured Credit

    When is a Typo in a Loan Document More Than Just a Typo?

    Avoidance and Recovery

    Good Faith Transferee in a Fraudulent Transfer Action can only Retain Transfers Equal to the Value It Provided to the Debtor

    Confirmation

    SCOTUS To Decide Whether Order Denying Plan Confirmation Is “Final,” Appealable

    Cross-Border

    U.S. Court Asserts its Authority in a Cross-Border Bankruptcy Case

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    Insolvency News and Analysis – Week Ending November 21, 2014

    Friday, November 21st, 2014
    English: The Supreme Court of the United State...

    The Supreme Court of the United States. Washington, D.C. (Photo credit: Wikipedia)

    Trends

    Ch. 11s Fall 24 Percent in Week Ended Nov. 14 from Year Ago Pace

    Third Quarter Review

    Legislation and Rules

    A Dozen Reforms the ABI’s Bankruptcy Reform Commission Report Should Endorse

    Amendments Adopted by the Supreme Court to be Effective December 1, 2014

    Jurisdiction

    Thoughts on a New Age of Consent: What Does Consent Mean with Respect to Stern Claims?

    Secured Claims

    ‘Stripping Off’ Mortgage Cases Going To High Court

    Avoidance and Recovery

    NOLs – A Recoverable Transfer?

    Positive Health Of The Fraudulent Transferee’s Good Faith Defense

    Sales

    Buyer Beware: Payment On Assumed Debt In An Asset Sale Could Be An Avoidable Preference

    Confirmation

    Cramdown Hurdles Round 2: Confirmation Can Be An Elusive Prize

    Cross-Border

    Chapter 15 Bankruptcy: Game-Changer or False Dawn?

    Forty-Four Percent of Chapter 15s Filed in S.D.N.Y. in 2014

    Suntech Chapter 15: Moving COMI and Establishing Jurisdiction Held Legitimate and Not Improper Manipulation

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    Insolvency News and Analysis – Week Ending November 14, 2014

    Saturday, November 15th, 2014
    English: The John Minor Wisdom U.S. Courthouse...

    The John Minor Wisdom U.S. Courthouse, home of the United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana. (Photo credit: Wikipedia)

    Trends

    Year-Over-Year Bankruptcy Filings Continue to Decline

    Claims

    Recharacterization: When Your “Loan” Becomes a “Capital Contribution”

    Avoidance and Recovery

    The Problem with Preferences

    Executory Contracts and Leases

    When termination is not termination: Bankruptcy Courts views on leases

    Reorganization

    Bankruptcy Court Bars Future Claimant from Seeking to Avoid Effect of Discharge

    Cross-Border

    In re Fairfield Sentry Ltd: Second Circuit Holds Sale of SIPA Claim by Chapter 15 Debtor Subject to Section 363 Review

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    Insolvency News and Analysis – Week of November 7, 2014

    Friday, November 7th, 2014
    English: The John Minor Wisdom U.S. Courthouse...

    English: The John Minor Wisdom U.S. Courthouse, home of the United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana. (Photo credit: Wikipedia)

    Trends

    Year-Over-Year Bankruptcy Filings Continue to Decline

    Current Developments

    Recent Developments in Bankruptcy Law

    Secured Claims

    Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Provisions

    The Bankruptcy Clause, the Fifth Amendment, and the Limited Rights of Secured Creditors in Bankruptcy

    Lenders take note of recent Fifth Circuit bankruptcy decision

    In re Motors Liquidation: No Intent Required for UCC-3 Termination Statement to be Effective

    Avoiding Collateral Damage: In re Motors Liquidation and the Effectiveness of UCC Termination Statements

    Administrative Claims

    In re World Imports: Court Denies Section 503(b)(9) Claims of Sellers Who Did Not Ship Goods Directly to the Debtor

    Proofs of Claim

    Think Twice: Signing Proofs of Claim for Clients

    Avoidance and Recovery

    Is this Harbor Safe? Second Circuit Set to Explore Limits of Bankruptcy Code Section 546(e)

    New Value Does Not Need to Remain Unpaid

    Give and Take: Delaware Bankruptcy Court Dismisses Trustee’s Turnover and Avoidance Claims Relating to Debtor’s Net Operating Losses

    Ordinary Course of Business Preference Defense Clarified in a Recent SDNY Bankruptcy Court Decision

    Sales

    Opportunistic Acquisitions: Buying Assets Through Bankruptcy

    Liquidations

    Stop in the Name of Equity: Second Circuit Affirms Dismissal of Appeals in Chapter 11 Liquidation Proceedings as Equitably Moot

    Reorganizations

    Momentive Postscript – Bankruptcy Rule 3018: Vote Changing on Chapter 11 Plans: You Can’t Have Your Cake and Eat It, Too

    Cross-Border

    Corporate Bankruptcy Tourists Land in U.S.

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    Insolvency News and Analysis – Week Ending October 17, 2014

    Friday, October 17th, 2014

    English: Woolworth's, Banbridge (3of3) See 110...

    Involuntary Petitions

    LLP: When Is A Partnership Not a Partnership (And Who Cares)?

    Sales

    Fiduciary Considerations for Pre-Bankruptcy Transactions

    In re NE Opco, Inc: Section 363(f) Bars Pre-closing Claims Arising from Purchaser’s Alleged Wrongdoing Occurring After Entry of Sale Order

    Claims

    Environmental Claims: The Gift That Keeps On Giving

    Dismissal

    #Hashtag: Thinking of Starting Your Own Marijuana Business?

    Cross-Border

    Second Circuit Fails to See the Comity in Chapter 15

     

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    Insolvency News and Analysis – Week Ending October 10, 2014

    Friday, October 10th, 2014

    Current Events

    Commercial Restructuring and Bankruptcy News (ReedSmith, LLP)

    Venue

    The Short Case for Venue Reform

    Procedure

    Proposed Bankruptcy Rule and Official Form Changes

    Secured Claims

    Just When You Thought You Were Out, They Pull You Back In

    Credit bidding challenges in bankruptcy

    Administrative Claims

    When Are Goods “Received” by the Debtor? Establishing International Suppliers’ Entitlement to 503(b)(9) Administrative Expense Claim

    Executory Contracts, IP, and Licensing

    Questioning the Executoriness of Trademark Licenses in Integrated Agreements

    Avoidance and Recovery Actions

    Dilution Of Corporate Stock As A Fraudulent Transfer In Antonello

    R-E-C-O-V-E-R: Find Out What It Means to the Third Circuit

    Strong Arm Powers: What Can Be Done With An Avoided Lien?

    Uniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA

    Subordination and Recharacterization

    Focusing on Intent in Recharacterization Analysis, Delaware Bankruptcy Court Ruling Indicates that Creditors Seeking Derivative Standing Face High Hurdle

    Bankruptcy Sales

    Opportunistic Acquisitions: Buying Assets Through Bankruptcy

    Sales Free and Clear: What About Restrictive Covenants?

    Conversion and Dismissal

    Taking a Stand Where Few Have Trodden: Structured Dismissal Held Clearly Authorized by the Bankruptcy Code

    Cross-Border

    Brazilian Reorganization Plan: Fundamentally Fair or Wholesale Trampling of Creditors’ Rights?

    U.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition

    A “Second Bite” from the Second Circuit: Revisiting Section 363 Review of Transfers in Chapter 15 Bankruptcy Cases

    Second Circuit Holds That a Sale by a Chapter 15 Debtor in a Foreign Main Proceeding of a Claim Against an Obligor Located in the U.S. Must Be Reviewed by the U.S. Bankruptcy Court Under Section 363 of the Bankruptcy Code

    Related articles

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    Insolvency News and Analysis – June 20, 2014

    Friday, June 20th, 2014
    Alphabetical by Author

    Alphabetical by Author (Photo credit: woohoo_megoo)

     

     

     

     

     

     

     

     

     

     

     

    Bankruptcy and Insolvency News and Analysis – Week of June 16 – 20, 2014:

    Confirmation:

    Prevalence and Utility of Roadmap Decisions in Mega-Cases

    No Confirmation Without Representation: New Test Is Proposed for Approval of a Debtor’s Proposed Slate of Post-Confirmation Officers and Directors

    Bankruptcy Sales:

    Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?

    Secured Lending and Claims:

    An L of a Mess: Perfecting Against LLP’s

    Equity Begets Flexibility: Valuing a Secured Creditor’s Claim in Bankruptcy and Allocating Post-Petition Interest

    Avoidance Actions:

    Seventh Circuit Reads Bankruptcy Safe Harbor Broadly

    Defending Preference and Claw-Back Actions in the Wake of the Supreme Court’s Bellingham Decision

    Executory Contracts and Intellectual Property:

    Contract Remedies in the Face of Imminent Default – What Happens to State Law Adequate Assurance and Anticipatory Breach in Bankruptcy?

    Eighth Circuit reconsiders trademark licenses in bankruptcy

    Cross-Border:

    Comity and drama: current trends in cross-border insolvencies

    Jurisdiction and Bellingham Analysis:

    Supreme Court’s decision in Bellingham leaves key Stern v Marshall questions unanswered

    And Still More:

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    Bankruptcy News and Analysis – June 13, 2014

    Friday, June 13th, 2014
    Newspaper

    Newspaper (Photo credit: Wikipedia)

     

     

     

     

     

     

     

     

     

    Asset Ownership

    Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

    Secured Claims

    –  Circuit Court Affirms Bankruptcy Court’s Broad Discretion to Re-Value Collateral in Determining Creditor’s Entitlement to Post-Petition Interest

    Sales

    –  Liens and Interests Jettisoned [In] Asset Sales “Free and Clear”

    Avoidance Actions

    –  Did the Second Circuit Get SLUSA Right in the Madoff Ponzi Scheme Case?

    –  LLC Membership Transfer: Is Expulsion of a Member a Preferential Transfer?

    –  How Safe Is the Section 546(e) Safe Harbor?

    Cross-Border

    –  Limits of the Bankruptcy Code: Foreign  Restructuring Tools in a Czech Environment

    Environmental

    –  Clean Up for What?! After Enough Time, You Can Leave Your Mess Behind

    Tax

    Partnership Bankruptcy Tax Issues

    SCOTUS Rulings

    –  Did Law v. Siegel Sound the Death Knell for the Equity Powers of the Bankruptcy Court?

    –  Breaking News: Unanimous Supreme Court Closes Statutory Gap, Leaves Other “Core” Stern Questions For Another Day (Executive Benefits Insurance Agency v. Arkison)

    –  Applying Its Stern v. Marshall Ruling On The Power Of Bankruptcy Courts, The U.S. Supreme Court Issues A Narrow Decision In Executive Benefits Case

    Other Stories

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    Recent Insolvency and Bankruptcy Headlines – June 6, 2014

    Friday, June 6th, 2014

    Some of the week’s top bankruptcy and restructuring headlines:

    English: Part of Title 11 of the United States...

    English: Part of Title 11 of the United States Code (the Bankruptcy Code) on a shelf at a law library in San Francisco. (Photo credit: Wikipedia)

     

    Trends

     

    Business Bankruptcy Filings Off 21% Year-Over-Year

     

    Less Than 1M Filings This Year?

     

    – LBO Defaults Set to Reach A High This Year, Fitch Says

     

    The Changing Nature of Chapter 11

     

    Cross-Border

     

    Cross-Border Issues: Misconduct No Grounds for Termination of Chapter 15

     

    – Liquidators urge speedy action on Hong Kong corporate rescue bill

     

    Financing

     

    DIP Dimensions: Energy Future Intermediate Holding Co. LLC”s Financing Fracas

     

    Avoidance Actions

     

    Avoidance Actions: Subsequent New Value Defense, Good Faith Defense, and Section 546(e) Safe-Harbor

     

    Ponzi Schemes:  11th Circuit Opines on “Property of the Debtor”

     

    – Thelen Ruling Highlights Evidentiary Issues in Fraudulent Transfer Case

     

    Bankruptcy Sales

     

    Limits On Credit Bidding and Section 363(k):  Another Court Follows Fisker

     

    – Successful Bidder Must Pay Damages (In Addition to Forfeiting Deposit) After Backing Out of Sale – At Least in Certain Circumstances

     

    – Upsetting a Bankruptcy Auction: Money Talks

     

    Never Do This: A Lesson On What Not To Do In a Section 363 Auction

     

    Confirmation

     

    Plan Confirmation:  The Tax Man Cometh . . . And Getteth Impaired

     

    Claims

     

    Debt Recharacterization: In re Alternate Fuels: Tenth Circuit BAP Holds Recent Supreme Court Decisions Do Not Limit Power to Recharacterize Debt to Equity

     

    – . . . And More Debt Recharacterization: In re Optim Energy: Court Denies Creditor Derivative Standing to Seek Recharacterization of Equity Sponsors’ Debt Claims

     

     

     

    And Still More:

     

    Related articles

     

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