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 26, 2015
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    Bankruptcy and Insolvency News and Analysis – Week Ending June 26, 2015

    Friday, June 26th, 2015

    us-economy-cartoon

    Jurisdiction

    Difficulties in Pursuing Non-Bankruptcy Litigation in Bankruptcy Court

    Corporate Governance

    The LLC Member In Bankruptcy: Ehmann And Its Progeny

    Claims Objection And Subordination

    Mandatory Subordination of Claims Arising from the Purchase or Sale of Securities

    Can You Object to a Claim Just Because It Doesn’t Include Supporting Documentation? The Answer May Not Be as Simple as You Think

    Avoidance and Recovery

    Everything Has Its Own Value: 7th Circuit Holds That Forbearances by a Lender May Be Considered When Determining Reasonably Equivalent Value

    Confirmation

    Insight – Trucker’s bankruptcy exit may roughen road for small creditors

    Cross-Border

    Raising a Drawbridge Objection: Eligibility in Chapter 15 Cross-Border Insolvency Cases

    Related Articles

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    Bankruptcy and Insolvency News and Analysis – Week Ending June 19, 2015

    Friday, June 19th, 2015

    Uncle Sam is Broke

    Trends

    Return of the Turnaround?

    Polsinelli’s Jim Bird talks top five distressed industries

    Secured Claims

    Video Interview: Discussing Bank of America v. Caulkett, Supreme Court Ruling Survives Bankruptcy

    Confirmation

    Losing Momentive: A Roadmap to Higher Cramdown Interest Rates

    Can You Vote More Than Once? The Bankruptcy Code’s Current “Numerosity” Standard Under § 1126(c) and Possible Reform

    Cramdown Hurdles Round 3: Try, Try Again

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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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    Insolvency News and Analysis – Week Ending May 8, 2015

    Friday, May 8th, 2015

    2015-05-08 -  War of Wealth

    Trends

    Commercial Chapter 11 Bankruptcies Drop 41% in April

    Avoidance and Recovery

    Payments to Investors in a Securitization Structure Protected from Avoidance

    Confirmation

    ABI Commission Report – Exculpatory Clauses in Plans

    Distributions – Section 1143

    Supreme Court Bankruptcy Decision Strengthens Creditor Leverage in Plan Negotiations

    Cross-Border

    A Comparative Overview of Transatlantic Intercreditor Agreements

    Related Articles

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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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    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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