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 May 13, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending May 6, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending April 30, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending April 22, 2016
       

    Bankruptcy and Insolvency News and Analysis – Week Ending February 19, 2016

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

    February 13th, 2016

    Reserves_of_foreign_exchange_and_gold

     

    Trends

    Houlihan Lokey Sees ‘Growing Pockets of Distress’ in Debt Market

    BAPCPA 10 Years Later: the Effectiveness and Necessity of Bankruptcy Reforms Remain In Question

    Sales

    Opportunities Exist for Purchasers in Chapter 11 Bankruptcies, but Risks Remain

    Claims

    In re Sentinel Management: Seventh Circuit Provides Guidance on Inquiry Notice and Equitable Subordination

    Don’t Go Chasing (Debtor-Affiliate) Waterfalls: Second Circuit Applies 510(b) Subordination to Contribution Claims Arising from the Securities of an Affiliate of a Debtor

    Confirmation

    The Sixth Circuit’s Take on Artificial Impairment

    Ninth Circuit Narrowly Construes “Insiders” and, in Controversial Decision, Declines to Reverse Bankruptcy Appellate Panel

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    Bankruptcy and Insolvency News and Analysis – Week Ending February 5, 2016

    February 8th, 2016

    Houses and Money

    Sales

    Managing the Preparation, Delivery and Review of the Disclosure Schedule in Section 363 Transaction Can Help Avoid a Shipwreck

    Claims

    Subordination of Claims Under Bankruptcy §510(B)

    Bankruptcy Law News: Reclamation or Section 503(b)(9) Claim? – A Potential Trap

    Secured Claims

    In re Domistyle, Inc.: When Is a Section 506(c) Surcharge Appropriate?

    Avoidance and Recovery

    Fraudulent Transfers In Hypnotic Taxi

    Confirmation

    Ninth Circuit Follows the Lead on Absolute Priority Rule

    Unsecured Creditor Wins Over Individual Ch. 11 Debtor

    Cross-Border

    Cross-Border Closing Opinions of U.S. Counsel

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    Bankruptcy and Insolvency News and Analysis – Week Ending January 22, 2016

    January 22nd, 2016

    Coins

    Trends

    Bankruptcies sink to lowest point since 2006

    Legislation and Rules

    Key Considerations for Bankruptcy Practitioners Regarding Amended Federal Rules of Civil Procedure

    Automatic Stay

    What Creditors Need to Know – Two Recent Bankruptcy Rulings Affect Rights and Risks Regarding the Automatic Stay

    Executory Contracts

    Limited Liability Company Interests as Property of a Debtor’s Estate – Executory Agreements and the Conundrum of Section 365

    Claims

    No Authorization? No Problem. Court Finds that Unauthorized Loan Is Entitled to Priority Status

    Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

    Disclosing Claims-Trading Prices Would Hurt Debtors, Creditors

    Avoidance and Recovery

    Bankruptcy Court Tightens Intentional Fraudulent Transfer Pleading Requirements

    Extraterritorial Transactions – a Viable Way to “Take the Money and Run”?

    Lenders are Required to Investigate Suspicious Loan Transactions

    Liquidation

    The Death of an LLC: What’s Trending in LLC Dissolution Law?

    Cross-Border

    Berau May Expand US Restructuring Options for Foreign Issuers

    How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order

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    Bankruptcy and Insolvency News and Analysis – Week Ending January 15, 2016

    January 17th, 2016

    Financial Crisis Logo

    Trends and Legislation

    AACER: Pardon the Interruption. . .Bankruptcy Filings Resume Their Decline

    Bankruptcy Filings Declined 10 Percent in 2015

    2015 Bankruptcy Recap: 46% Increase Fueled By Oil & Gas/Mining Industry – Analysts Predict Further Uptick

    Examining Proposed Chapter 11 Reforms Through the Lens of Recent Retail Cases

    Post-Petition Operations

    Is a “Sound Business Purpose” Always Enough?

    Sales

    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process

    Avoidance Actions

    PREFERENTIAL TRANSFER LAWSUITS BY NEW BORROWERS/DEBTORS — IS IT GAME OVER ON THE ORDINARY COURSE DEFENSE?

    Red Flag Warnings: Ignore Them At Your Peril

    UCC Financing Statements: The Ins and Outs of “Authorization”

    Claims

    Claims Trading Warps the Bankruptcy System

    Dismissal

    ‘Sketchy Activity’ Gets Bankruptcy Case Dismissed

    Cross-Border

    Regulations, Roadmaps and Recommendations: The Latest Developments in the Harmonisation of Global Insolvency Laws

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    Bankruptcy and Insolvency News and Analysis – Week Ending January 8, 2016

    January 9th, 2016

    US_Private_Debt_to_GDP_by_Sector

    Current Developments/Trends

    Commercial Bankruptcy: Selected 2015 Cases of Interest to Banking and Finance

    Bankruptcy Filings Drop 10% in 2015

    Restructuring Activity to Be Boosted By Flagging Commodities in 2016

    Energy, Retail, Healthcare and Education Facing the Most Distress, Says AlixPartners Restructuring Survey

    Sales

    Court Sets Aside 21-Year Old Bankruptcy Sale for Fraud on the Court Despite Absence of Specific Allegations That Fraud Reduced the Sale Price!

    Sale of Substantially All of Debtor’s Assets Cannot Be Approved in a Final Cash Collateral Order

    Executory Contracts

    The Impact of Rejection on Trademark Licensees’ Rights in Bankruptcy: the Latest Decision on an Issue that Has Courts Divided

    Plan Confirmation

    Is Chapter 11 A Painless Solution For Guarantors?

    Zero Times Something is Still Zero: Adapting Till to Unsecured Creditors

    Cross-Border

    COMI and get it: international approaches to cross-border insolvencies

     

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    Happy Holidays

    December 26th, 2015

     

    Winter - 14

    Happy Holidays . . . from South Bay Law Firm.

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    Bankruptcy and Insolvency News and Analysis – Week Ending November 13, 2015

    November 13th, 2015

    Brooklyn Eagle

    Claims

    Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest (Part 1)

    Reorganization

    Purchasing Claims and Changing Votes: Establishing ‘Cause’ Under Rule 3018(a)

    “In RE ICL Holding Co.: Roadmap For Avoiding The Absolute Priority Rule”

    Cross-Border

    Chapter 15 for All: SDNY Bankruptcy Court Holds that Indenture Governed by New York Law Constitutes “Property in the United States” Under Section 109(a)

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    Bankruptcy and Insolvency News and Analysis – Week Ending November 6, 2015

    November 7th, 2015

    Crisis and failure concept

    Trends

    The Polsinelli|TrBK Distress Indices for 3rd Quarter 2015

    AACER: Bankruptcy Filings Climb in October

    DIP Finance

    Banks Beware: DIP Loans May Prime Setoff Rights

    Claims

    Recent Opinions Bring Sharper Focus to the Time Barred Proof of Claim Dilemma

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending October 30, 2015

    November 1st, 2015

    Salad

    Trends

    BAPCPA at 10: Was It Good or Bad?

    Bankruptcy Filings declined 11% in Fiscal 2015, Lowest Filings since 2007

    Avoidance and Recovery

    In re MCK Millennium: Court Vacates Landmark 546(e) Safe Harbor Decision

    House Wins! 7th Circuit Holds that “Good Faith” Defense Under Section 550(b)(1) Applies to Casino in Fraudulent Transfer Action

    Distressed Investing

    As Defaults Rise, Distressed-Debt Investors Seek an Edge by Buying the DIP

    Bankruptcy 101 for Investors: Acquiring a Debtor’s Assets in a Bankruptcy Case

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