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 June 24, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending June 3, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending May 27, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending May 13, 2016
       

    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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    Bankruptcy and Insolvency News and Analysis – Week Ending March 11, 2016

    Friday, March 11th, 2016

    BankOfUS2000

    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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    Bankruptcy and Insolvency News and Analysis – Week Ending March 4, 2016

    Friday, March 4th, 2016
    The bitcoin logo

    The bitcoin logo (Photo credit: Wikipedia)

    Trends

    February 2016 Commercial Bankruptcy Filings Increase 32 Percent Over Last Year

    Claims

    Bringing Certainty to Uncertainty: Estimation of Tort Claims

    Avoidance and Recovery

    Lack of Knowledge is No Defense: Seventh Circuit Strips Bank’s Lien on More than $300 Million in Assets

    Bankruptcy Estate

    Bitcoins Are Not Dollars in Bankruptcy Court

    Bitcoin Is “Property,” Rules California Judge in Pivotal Bitcoin Case

    Executory Contracts

    The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations

    Confirmation

    Fifth Circuit Reverses Officer’s Release in Chapter 11 Reorganization Plan

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending February 26, 2016

    Friday, February 26th, 2016

    London_-_The_Gherkin_&_Canary_Wharf

    Trends and Current Development

    2016 Lookback Period – Six Weeks (Part 3)

    The Year in Review: U.S. Bankruptcy and Restructuring Matters

    Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016

    Burr Alert: Official Bankruptcy Forms Get Extensive Facelift, But Is It Purely Cosmetic?

    Cross-Border

    Review of Cross-Border Cases in 2015: Eligibility for Relief Examined

    2016 Begins With a Renewed Focus on COMI in Chapter 15 Cases

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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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