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 September 23, 2016
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    Bankruptcy and Insolvency News and Analysis Week Ending September 16, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending September 9, 2016
       

    Posts Tagged ‘Chapter 11’

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

    Sunday, August 14th, 2016

    San_Francisco_Pacific_Railroad_Bond_WPRR_1865

    Trends

    Despite the overall decline, commercial filings continue to increase, according to the American Bankruptcy Institute

    Case Commencement

    A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees

    Executory Contracts

    In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails

    Claims

    Yes. It is Possible to Avoid Tax Penalty Claims in Bankruptcy

    Avoidance and Recovery

    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation

    Confirmation

    Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

    Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending June 24, 2016

    Friday, June 24th, 2016
    Photograph of the black board in the New York Gold Room, September 24, 1869, showing the collapse of the price of gold.

    Photograph of the black board in the New York Gold Room, September 24, 1869, showing the collapse of the price of gold.

    Trends

    Health Care Chapter 11 Filings Are Rising

    Restructuring

    Out-of-court restructuring alternatives

    Adequate Protection

    Courts Trending Toward Motion Date to Begin Adequate Protection Payments

    Sales

    Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?

    Avoidance and Recovery

    Making Sausage – – The Seventh Circuit Examines the “Ordinary Course” Preference Defense

    Bankruptcy litigation

    Claims

    Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?

    Cross-Border

    Recognition of Foreign Insolvency Proceedings under Chapter 15 of the Bankruptcy Code

    ‘WHAT A LEGEND’ – COURT REJECTS RECOGNITION OF FOREIGN PROCEEDING AND ORDERS WIND UP IN THE FACE OF CHAPTER 11 BANKRUPTCY

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending May 27, 2016

    Monday, May 30th, 2016

    1893 Panic

    Trends

    Corporate Bankruptcy Panel—ABI Commission’s Report on the Reform of Chapter 11: Small and Medium Businesses, Sales of Assets, Financing, and Plans

    Restructuring

    When It’s Time to Hire a Chief Restructuring Officer

    Estate Property

    Assets Held by Charitable Organizations Are Safe From Claims of Creditors in Bankruptcy Cases . . . Or Are They?

    Debtor’s Life Insurance Policy Belongs to Bankruptcy Estate

    Secured Claims

    Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition Date and Before Plan Confirmation

    Discharge

    Not So Fast – Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge in Husky International

    Cross-Border

    Why Two Facets of Chapter 15 Rulings Hinder Cross-Border Insolvency Petitions in the United States

     

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    Bankruptcy and Insolvency News and Analysis – Week Ending May 13, 2016

    Friday, May 13th, 2016

    Trends

    The “credit cycle” begins to unravel.

    Litigation and ADR

    6 Reasons Why Bankruptcy Mediation is a Process, Not a One-and-Done Session: PART THREE — DISCOVERY VACUUM

    Corporate Governance

    Bankruptcy Court Opinion Clarifies California Law on Duties of Directors & Officers Upon Insolvency

    Avoidance and Recovery

    Making Fraudulent Transfer Law More Predictable

    Golf Channel Finds the Fairway in Fraudulent Transfer Litigation – Good News for Vendors in Ponzi Scheme Cases

    Now You See It, Now You Don’t – The Search for “Unreasonably Small Capital”

    Valuation

    Valuation Outside the Box: Southern District of Texas Affirms the Bankruptcy Court’s Discretion to Select Appropriate Valuation Methodologies

    Executory Agreements

    Chapter 11 Debtors Exempt From Their Obligations Under An Expired Collective Bargaining Agreement

     

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    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

    dollar-726877_960_720

    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 11, 2016

    Friday, March 11th, 2016

    BankOfUS2000

    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 26, 2016

    Friday, February 26th, 2016

    London_-_The_Gherkin_&_Canary_Wharf

    Trends and Current Development

    2016 Lookback Period – Six Weeks (Part 3)

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

    Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016

    Burr Alert: Official Bankruptcy Forms Get Extensive Facelift, But Is It Purely Cosmetic?

    Cross-Border

    Review of Cross-Border Cases in 2015: Eligibility for Relief Examined

    2016 Begins With a Renewed Focus on COMI in Chapter 15 Cases

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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 February 12, 2016

    Saturday, 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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