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 12, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending August 5, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending July 29, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending July 15, 2016
       

    Bankruptcy and Insolvency News and Analysis – Week Ending August 12, 2016

    Sunday, August 14th, 2016

    San_Francisco_Pacific_Railroad_Bond_WPRR_1865

    Trends

    Despite the overall decline, commercial filings continue to increase, according to the American Bankruptcy Institute

    Case Commencement

    A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees

    Executory Contracts

    In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails

    Claims

    Yes. It is Possible to Avoid Tax Penalty Claims in Bankruptcy

    Avoidance and Recovery

    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation

    Confirmation

    Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

    Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

     

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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 29, 2016

    Tuesday, August 2nd, 2016

    Stocks29

    Risk Factors

    Risky Debt Looks Easy. It Isn’t.

    Sales

    You Can’t Buy Me Love and You Can’t Buy a 363(f) Order

    Reorganization

    Supreme Court to Resolve Circuit Split Over Structured Dismissals

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    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 June 3, 2016

    Friday, June 3rd, 2016

    Stock Charts

    Trends

    Total Commercial Bankruptcy Filings Increase 32 Percent in May

    Case Commencement

    Blocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable

    Claims and Vendors

    When Vendors Are Consigned to a Lower Authority

    Impact of Critical Vendor Payments — More Critical Than Ever

    Executory Contracts

    First Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113

    Valuation

    Finance And Law: The Pros And Cons Of Monte Carlo Simulations In Valuation

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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 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 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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