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.
 





 
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • March 2014
  • September 2013
  • July 2013
  • June 2013
  • February 2012
  • January 2012
  • December 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  •  
      RSS
    Comments RSS
    Log in
       
      Happy Memorial Day
    Auto Draft
    Insolvency News and Analysis - Week Ending May 15, 2015
    Insolvency News and Analysis - Week Ending May 8, 2015
       

    Insolvency News and Analysis – Week Ending March 13, 2015

    March 13th, 2015

    bankruptcy

    Trends

    Survey sees potential for rise in Chapter 11 filings this year

    Return of the Turnaround?

    Executory Contracts

    Dysfunctional Analysis Part 1

    Dysfunctional Analysis Part 2

     Related Articles

      Email This Post  Print This Post Comments Trackbacks

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

    March 6th, 2015

    Secured Credit

     

    Trends

    Bankruptcy Filings Down Again 10.1% in February 2015

    ABI: February Chapter 11 Filings Down 25%

    Secured Claims

    No Security by Obscurity: The Importance of Clearly Identifying Collateral

    Avoidance Actions and Recoveries

    Avoiding the Avoid: Re-Securing the Mortgage Lender Post-BFP

    Intellectual Property

    Don’t Complicate Things: Existence of a License Comes Down to the Terms of a Contract

    Confirmation

    Del. District Court Upholds Use of Pre-Confirmation Tender Offers

     

      Email This Post  Print This Post Comments Trackbacks

    Bankruptcy News and Analysis – Week Ending January 30, 2015

    February 1st, 2015

    Trends

    Expense Puts Lid on Bankruptcy Filings

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

    Rethinking “Small” Business Bankruptcies

    Secured Claims

    Significant Ruling Gives Chapter 11 Debtors New Leverage Over Secured Creditors

    Automatic Stay

    Bankruptcy Court Refuses to Hop Aboard Faulty Subway Directions Excuse for Delayed Petition Filing

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week Ending January 16, 2015

    January 18th, 2015
    A bond from the Dutch East India Company, dati...

    A bond from the Dutch East India Company, dating from 7 November 1623, for the amount of 2,400 florins. (Photo credit: Wikipedia)

    Legislation and Reform

    ABI Wants Chapter 11 Easier for Small Companies: Bankruptcy

    Automatic Stay

    Prepetition Stay Waivers: Which Way Is The Wind Blowing?

    Postpetition Ratification of Prepetition Stay Waivers – A Possible End Around of the General Prohibition Against Prepetition Waivers of Bankruptcy Rights?

    Secured Claims

    Charging Liens and Trump Cards: Specific Isolated Funds Not Required

    UCC Collateral Description: More May Not Be Better

    Unsecured Claims

    Chesapeake Bond Redemption Case: Ambiguity, Plain Meaning and Value

    Reorganization and Exit Strategy

    Cashing Out: The Rise of M&A in Bankruptcy

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week Ending January 9, 2015

    January 10th, 2015

    BK Options

    Trends

    Bankruptcy Count Lowest Ever. Uptick Anticipated – Health Care Filings Lead Count

    Bankruptcies Down 12% in 2014, Forecast Predicts the Same Decline for 2015

    Legislation and Reform

    Redemption Option Value: Broad Implications for Secured Lenders

    ABI Chapter 11 Reform Commission Series: Oversight of the Case (Part I)

    Corporate Governance

    APPOINTMENT OF INDEPENDENT DIRECTORS ON THE EVE OF BANKRUPTCY: WHY THE GROWING TREND?

    Secured Claims

    Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant

    Even The “Cleverly Insidious” Lender Cannot Prevent Its Borrower From Filing Bankruptcy

    Common Provisions in a Chapter 11 Plan Prevent Lender from Collecting From the Owner of the Debtor

    Leases and Executory Contracts

    Capital Leases in Bankruptcies – A Lesson from Xchange Technology Group

    It’s Not Purdy, But It’s Not A Per Se Security Agreement

      Email This Post  Print This Post Comments Trackbacks

    Happy Holidays from South Bay Law Firm!

    December 27th, 2014

    We plan to be back on January 9, 2015.  Meanwhile, have a joyous holiday season and a happy New Year.

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week of December 19, 2014

    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

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week Ending December 5, 2014

    December 5th, 2014

    Personal-Bankruptcy

    Current Developments and Legislation

    November Bankruptcy Filings Decline 16 Percent From 2013

    House passes financial institution bankruptcy bill

    Amendments To The Federal Rules Of Bankruptcy Procedure, Including One Shortening The Time For Serving A Summons, Take Effect December 1, 2014

    Corporate Governance

    Gavin v. Tousignant: A Refresher on How Bankruptcy Courts Interpret Officers’ and Directors’ Duties

    Secured Claims

    But I Didn’t Mean To…Subjective Intent Does Not Determine The Effect Of A UCC Termination Statement

    Executory Contracts

    Court Rejects Debtor’s Attempt To Reject Part Of An Integrated Contract

    Avoidance and Recovery

    Fifth Circuit Narrows Meaning of ‘Value’ in Good Faith Lender’s Fraudulent Transfer Defense

    In Search of the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation

    Sales

    Sale Proceeds: Better Get the Carve-Out Right the First Time

    Confirmation

    Two Cases Illustrate How to Bring a Chapter 11 Case to a (Successful) End

    Taking a Stand Where Few Have Trodden Structured Dismissal Held Clearly Authorized By Bankruptcy Code

    A Deep Dive Into Case v Los Angeles Lumber Products, The Most Important Corporate Reorganization Case of the Great Depression

    Voter’s Remorse: Taking Back an Acceptance or Rejection of a Chapter 11 Plan

    Cross-Border

    Introduction to Recognition under Chapter 15

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week Ending November 21, 2014

    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

      Email This Post  Print This Post Comments Trackbacks

    Insolvency News and Analysis – Week Ending November 14, 2014

    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

      Email This Post  Print This Post Comments Trackbacks