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 February 5, 2016
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    Posts Tagged ‘Bankruptcy’

    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

    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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    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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    Bankruptcy and Insolvency News and Analysis – Week Ending September 18, 2015

    Friday, September 18th, 2015

    Panic-of-1857

    Case Commencement

    Dueling venues and the (almost) futility of involuntary bankruptcy

    Bankruptcy Estate

    Whose Property Is The Corporate Social Media Account?

    Automatic Stay

    Religious Proceeding Violates Automatic Stay

    Claims, Avoidance, and Recovery

    Think You Got A Blank Check? Think Again

    In re Alternate Fuels, Inc.: Key Takeaways for Venture Capitalists Working with Emerging Companies

    A Bankruptcy Horror Story – State Bank of Toulon v. Covey (In re Duckworth)

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    Bankruptcy and Insolvency News – Week Ending May 1, 2015

    Friday, May 1st, 2015

    gran_depresion

    Trends

    March 2015 Bankruptcy Filings Down 12 Percent

    Bankruptcies Drop: ‘The Worst I’ve Seen in 30 Years’

    SINGLE ASSET REAL ESTATE DEBTORS ACCOUNT FOR 19 PERCENT OF ALL CH. 11 CASES TO DATE

    The American Bankruptcy Institute’s Recommendations for Chapter 11 Reform

    Out-of-Court Workouts

    RECENT DECISIONS CONCERNING THE TRUST INDENTURE ACT UNDERLINE THE LIMITS ON OUT-OF-COURT RESTRUCTURINGS

    Avoidance and Recovery

    The Fraudulent Transfer Laws Do Indeed Apply To Future Creditors

    Liability for Preferential Transfer May Be Reduced by Subsequent New Value

    Fraudulent Transfer Damages: Creditor Windfall, Creditor Claims Cap, or Equitable Determination by the Court?

    Leases and Executory Contracts

    Filene’s Basement Decision Interprets Lease Rejection Damages Statute

    Intellectual Property and Social Media

    Texas Bankruptcy Court ‘Likes’ Facebook and Twitter Accounts as Property of the Reorganized Debtor

    Cross-Border

    Reorganization By Foreign Debtors In The US And UK

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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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