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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    Posts Tagged ‘Lawyers and Law Firms’

    Federal Bankruptcy Rules Revisions – Analysis and Comment

    Sunday, January 2nd, 2011

     

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    The Insolvency Law Committee for the California State Bar’s Business Law Section has produced a very helpful analysis of recent changes to the Federal Bankruptcy Rules – which (as most readers are aware) became effective as of December 1, 2010.

    A copy is available here.

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    Proposed Technical Amendments to BAPCPA

    Monday, November 1st, 2010

    The American Bar Association Section of Business Law provided comments last week to the Senate and House Judiciary Committees regarding proposed technical amendments to the Bankruptcy Code. The comments are designed to correct certain errors contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”).

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    Get a complete copy of the proposed amendments here.

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    Taking Derivative Risk Out of the Code

    Sunday, March 14th, 2010

    In light of the tumultuous economic events of 2008 and 2009, a number of proposals for significant bankruptcy reform have surfaced – many of which have been summarized on this blog.

    One of last year’s posts focused on the ongoing debate over the impact of credit derivatives on failing companies, and on the continued usefulness of Bankruptcy Code provisions designed to insulate the financial markets from the bankruptcy process.

    Last week, Harvard’s Mark Roe added to that discussion with a paper entitled “Bankruptcy’s Financial Crisis Accelerator: The Derivatives Players’ Priorities in Chapter 11

    The essence of Professor Roe’s proposal is set forth at p. 3:

    Although several of [the Bankruptcy Code’s safe-harbor super-priorities for derivatives and repurchase agreements] are functional and ought to be kept, the full range is far too broad. Most are more likely to destabilize financial markets than to stabilize them and most need to be repealed.

    Professor Roe’s thoughtful analysis is a worthwhile read.

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