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 October 14, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending October 7, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending September 30, 2016
    Bankruptcy and Insolvency News and Analysis Week Ending September 23, 2016

    Posts Tagged ‘“United States Bankruptcy Court”’

    Bankruptcy and Insolvency News and Analysis – Week Ending October 7, 2016

    Sunday, October 9th, 2016



    Top ten court districts for ch. 11 filings reporting over $10 million in debt for 2016 year-to-date

    Business Bankruptcy Filings Through First Three Quarters of 2016 Up 28 Percent; Total Filings Fall 6 Percent

    Total chapter 11 filings reporting over $10M in debt by sector for 2016 YTD, led by energy, consumer discretionary and financials

    Sept. Business Bankruptcy Filings Up 28 Percent over 2015


    The Divide Between Maritime And Bankruptcy Jurisdiction

    Secured Claims

    Rules of Thumb for Intercreditor Agreements

    Satisfaction of a Prepetition Loan by a DIP Loan Does Not Extinguish Vendor’s Reclamation Rights Under Section 546(c)

    Avoidance and Recovery

    Extraterritorial Avoidance Actions: Lessons from Madoff

    The Avoidance of Pre-Bankruptcy Transactions: An Economic and Comparative Approach

    Opinion in NewPage (Pirinate Consulting) is a Reminder of 547 Defenses


    Preserving a Fundamental Bankruptcy Tool: Despite uncertainty, credit bidding continues to serve lenders and investors well in distressed industries

    Executory Contracts

    Lease Rejection: Does the Contract Disappear?


    How Absolute Is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals

    American Idol & The Absolute Priority Rule


    Chapter 15 at 11: Bankruptcy Code’s Cross-Border Insolvency Law Approaches 11th Anniversary


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    Bankruptcy and Insolvency News and Analysis – Week Ending September 9, 2016

    Sunday, September 11th, 2016



    Breaking the Streak: Bankruptcy Fillings Increase in August

    Business Bankruptcy Filings by Month, 2015 vs. 2016

    The Great Debt Unwind Beneath the Surface: US Commercial Bankruptcies Soar

    US commercial bankruptcies are soaring

    Case Commencement

    Third Circuit Denies Summary Judgment in Issue of Pre-emption

    Bankruptcy Estate

    District Judge May Have Split with Ninth Circuit BAP on Estate Property


    In re Aéropostale, Inc.: Bankruptcy Court Finds No Inequitable Conduct and Rejects Motion to Equitably Subordinate Claim and Deny Credit Bidding Rights


    Recharacterization: It’s The Substance Of The Transaction That Matters

    Avoidance and Recovery

    Asset Protection’s Significant Setback Is Great News For Creditors


    In Re Sanjel (USA), Inc.: Bankruptcy Court Denies Comity to Canadian Court’s Injunction Protecting Officers and Directors

    Hanjin bankruptcy: Are Korea’s ‘chaebols’ in crisis?

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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



    Article: March 2016 Bankruptcy & Restructuring Litigation Update


    U.S. Chapter 11 Bankruptcy Valuations are on the Money

    Concerned about a going concern? New standards on accounting standards


    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


    Spain’s Abengoa Wins Chapter 15 in U.S.

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

    Friday, January 22nd, 2016



    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


    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


    The Death of an LLC: What’s Trending in LLC Dissolution Law?


    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?


    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


    Red Flag Warnings: Ignore Them At Your Peril

    UCC Financing Statements: The Ins and Outs of “Authorization”


    Claims Trading Warps the Bankruptcy System


    ‘Sketchy Activity’ Gets Bankruptcy Case Dismissed


    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 November 13, 2015

    Friday, November 13th, 2015

    Brooklyn Eagle


    Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest (Part 1)


    Purchasing Claims and Changing Votes: Establishing ‘Cause’ Under Rule 3018(a)

    “In RE ICL Holding Co.: Roadmap For Avoiding The Absolute Priority Rule”


    Chapter 15 for All: SDNY Bankruptcy Court Holds that Indenture Governed by New York Law Constitutes “Property in the United States” Under Section 109(a)

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    Bankruptcy and Insolvency News and Analysis – Week Ending September 11, 2015

    Saturday, September 12th, 2015


    Claims and Priorities

    “Conduct” Test Now the Rule in the Seventh Circuit – But We Still Don’t Know How the Seventh Circuit Will Deal With Due Process Concerns

    Decoding the Code: Bankruptcy Code Section 510(a) – Subordination Agreements in Bankruptcy

    Fail to ‘Notice’ an Objection to Your Proof of Claim? Too Bad Says the Bankruptcy Court

    Avoidance and Recovery

    Overview of the Landscape for Evaluating Creditors’ Breach of Fiduciary Duty Claims in Delaware

    The Good Faith Transferee Defense and Publicly Traded Securities


    Bankruptcy Court Authorizes Hellas II Liquidators to Proceed with Claims against Apax, TPG and Others

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    Bankruptcy and Insolvency News and Analysis – Week Ending August 14, 2015

    Friday, August 14th, 2015


    Avoidance and Recovery

    Assumption/Assignment of Contracts – Preference Defense

    Fraudulent Transfer, Breach of Fiduciary Duty Claims Constitute Equitable Tolling


    Chapter 11 Sales: Believe It Or Not, There Really Are Limits

    Transferring Customer Data in an Asset Sale


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

    Friday, June 26th, 2015



    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


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


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

    Related Articles

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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)


    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


    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 of derivatives and complex securities


    ABI Commission Report – Cramdown Interest Rates


    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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