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 July 31, 2015
    Auto Draft
    Debt Equity: Recharacterization of Debt in Bankruptcy Proceedings And What To Do About It
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    Posts Tagged ‘Chapter 11’

    Bankruptcy and Insolvency News and Analysis – Week Ending June 26, 2015

    Friday, June 26th, 2015

    us-economy-cartoon

    Jurisdiction

    Difficulties in Pursuing Non-Bankruptcy Litigation in Bankruptcy Court

    Corporate Governance

    The LLC Member In Bankruptcy: Ehmann And Its Progeny

    Claims Objection And Subordination

    Mandatory Subordination of Claims Arising from the Purchase or Sale of Securities

    Can You Object to a Claim Just Because It Doesn’t Include Supporting Documentation? The Answer May Not Be as Simple as You Think

    Avoidance and Recovery

    Everything Has Its Own Value: 7th Circuit Holds That Forbearances by a Lender May Be Considered When Determining Reasonably Equivalent Value

    Confirmation

    Insight – Trucker’s bankruptcy exit may roughen road for small creditors

    Cross-Border

    Raising a Drawbridge Objection: Eligibility in Chapter 15 Cross-Border Insolvency Cases

    Related Articles

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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 3, 2015

    Friday, April 3rd, 2015

    Bank Run

    Trends

    Q1/15 Commercial Bankruptcy Filings Down 19%

    Peer-to-peer lending is surging in the US, and it could hurt big banks

    Case Commencement

    Involuntary Bankruptcy Petitions: A Powerful Weapon, But Beware Of The Downside Risks

    Secured Claims

    Lender Beware: The Pitfalls of Narrowly Defined Secured Obligations

    Unsecured Claims

    Creditors’ Rights in Chapter 11: Use Them or Lose Them

    Avoidance and Recovery

    Reforming Preference Law

    Confirmation

    Third Circuit Finds Settlement Agreement to be Plan Modification

    Cross-Border

    Centre of Main Interest (COMI) and Jurisdiction of National Courts in Insolvency Matters (Insolvency Status)

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    Insolvency News and Analysis – Week Ending March 20, 2015

    Sunday, March 22nd, 2015

    jobs

    Trends

    Poll: Retail could push bankruptcies to rise

    Will Lower Unemployment Drive Bankruptcies?

    Case Commencement

    Petitioning Creditor Concerns in Involuntary Chapter 11

    Chapter 11 Triage: Diagnosing a Debtor’s Prospects for Success

    Sales

    Bankruptcy Sales: The Stalking Horse

    Claims

    Litigation or Estimation? When Should Nonbankruptcy Actions Continue in Their Original Forums, and When Should They Be Resolved Through Estimation in Bankruptcy Court?

    Look Before You Lend: Creditors’ Rights Against LLC Owners

    Avoidance and Recovery

    Eighth Circuit Says Focus is on the Intent of the Debtor in Fraudulent Transfer Law, Does Not Address Ponzi Scheme Presumption

    Cross-Border

    US Bankruptcy Court Declines to Grant Comity to Mexican Labor Board’s Decision

    Jacobs v. Terpitz: Entering Into A Partnership Constitutes “Minimum Contacts”

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    Insolvency News and Analysis – Week Ending March 13, 2015

    Friday, 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

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

    Friday, 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

     

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    Insolvency News and Analysis – Week Ending January 16, 2015

    Sunday, 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

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    Insolvency News and Analysis – Week Ending January 9, 2015

    Saturday, 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

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