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 April 30, 2016
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    Posts Tagged ‘Bankruptcy’

    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 8, 2016

    Friday, April 8th, 2016

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    Trends

    Number of Large Business Bankruptcies Highest Since 2010

    Sales

    Ninth Circuit B.A.P. Drove Down Bayshore Boulevard and Rendered a Decision on the Merits of a Section 363(m) Appeal in the Face of New Facts

    Avoidance and Recovery

    Bankruptcy court tightens intentional fraudulent transfer pleading requirements

    Texas Supreme Court Resolves Fraudulent Transfer Value Defense for Fifth Circuit

    Claims

    Limited Liability Company: How Far Can a Member’s Trustee Reach?

    Confirmation

    Back to Basics and the 1990s – Does the Discharge Include Alter Ego Claims?

    Cross-Border

    What Did You Expect?  Insolvency Forum Clauses

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending March 18, 2016

    Saturday, March 19th, 2016

    Benjamins

    Claims

    How Are Informal Proofs of Claim Like Informal Dress Codes? What You Can Get Away With May Depend on Whom You Ask

    Five Things to Consider When Approached by a Bankruptcy Claims Trader

    Get to the Head of the Class Promptly: Class Representatives Must be Diligent when Defendants File for Bankruptcy

    Avoidance and Recovery

    Lease Termination Before Bankruptcy May Be ‘Avoidable Transfer,’ 7th Circuit Rules

    Cross-Border

    Brexit – legal consequences for commercial parties: Implications for cross-border insolvencies and restructurings

    Respected Conclave Proposes Important Revisions to Chapter 15 of the U.S. Bankruptcy Code

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

    Friday, March 11th, 2016

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

    Friday, 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

    Sunday, 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

    Saturday, January 9th, 2016

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

    Sunday, 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

    Related Articles

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    Bankruptcy and Insolvency News and Analysis – Week Ending October 23, 2015

    Friday, October 23rd, 2015

     

    A Run on the Bank

    Trends

    The LSTA Publishes Detailed Response to the ABI Commission’s Proposed Bankruptcy Reforms

    Secured Claims

    California Court Holds Implied Consent Is a Valid Alternative Basis to Surcharge Secured Creditors’ Collateral

    Executory Contracts

    Bankruptcy Court Makes ‘Executive’ Decision, Rules Master Service Agreement Ineligible for Rejection

    Sales

    Das Moot – Debtors’ Argument that 363(m) Moots Creditors’ Appeal of Sale Order Gets Sunk by Third Circuit

    Avoidance and Recovery

    In re PSN USA, Inc: Eleventh Circuit Holds Indirect Benefits May Constitute Reasonably Equivalent Value Under Section 548

    Cross-Border

    Chapter 15 Provides Restructuring Avenue for Brazilian Companies

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