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1
Iowa Legislature Introduces Asbestos Litigation Reforms
Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system.
United States
19 Sep 2017
2
SFIG Files Brief Supporting Liquidation Of Securitization Vehicle
The Structured Finance Industry Group ("SFIG") submitted a proposed amicus brief to the SDNY Bankruptcy Court presiding over the involuntary chapter 11 petition pending against Taberna Preferred...
United States
19 Sep 2017
3
Federal Reserve Board Restricts QFC Cancellation Rights
The Board of Governors of the Federal Reserve System ("FRB") adopted a new rule (the "final rule") that requires U.S. global systemically important banking institutions ("GSIBs")...
United States
12 Sep 2017
4
Three Tips for Avoiding the Non-Disclosure Defense in Trade Credit Insurance Claims
Faced with a growing number of insolvencies worldwide and a global crash in commodities prices, trade credit insurance policyholders are increasingly filing claims.
United States
11 Sep 2017
5
Courts, Cooperation, And More: Incorporating Case-Specific Provisions In Insolvency Protocols
In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures.
United States
6 Sep 2017
6
No Stress Distress: Asset Management Strategies For Facing Downturns With Style
The authors provide an overview of the current retailer restructuring environment, identify strategies for maximizing retail asset value, and provide practical tips to optimally position retailers...
United States
6 Sep 2017
7
Setoff And Recoupment In Bankruptcy: A Brief Overview
This article provides a brief overview of the somewhat related doctrines of setoff and recoupment in the Chapter 11 context.
United States
6 Sep 2017
8
The IRS Withdraws Proposed ‘Net Value' Regulations
In announcing the withdrawal, the IRS stated that it is of the view that, with respect to 332 liquidations, existing case law and published IRS rulings reflect the position of the IRS.
United States
6 Sep 2017
9
Admitting An Inability To Pay Debts As They Become Due: What Does It Mean?
Among the litany of events of defaults often found in indentures and other credit documents is an issuer's admission in writing of its inability to pay its debts as they come due.
United States
6 Sep 2017
10
When Is A Loan Participation A Sale, When Is It A Loan And Why Does It Matter?
Accordingly, the participating lender would, in such event, be a general unsecured creditor of the insolvent non-bank originating lender.
United States
6 Sep 2017
11
Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
United States
5 Sep 2017
12
Rights Of Equipment Lenders In Chapter 13, 11 And 12 Bankruptcy Cases
The Federal Reserve reports that delinquency rates on agricultural loans are up from .78% in the 3rd Q 2015 to 1.53% in 2nd Q 2017.
United States
1 Sep 2017
13
The "Absolute Priority Rule" and Other "Rules" of "Priority" in Bankruptcy
At its core, corporate bankruptcy addresses the problem of the "inadequate pie." While occasionally the debtor will be solvent, in most cases, the debtor will, for lack of a better term, be "bankrupt"—that is, it won't have enough money or other assets to pay its creditors all they are owed.
United States
29 Aug 2017
14
A "Palliative" Approach To Insolvency In The Retail World?
Howard Morris, head of the Business Restructuring + Insolvency group at Morrison & Foerster in London, recently authored "A ‘palliative' approach to insolvency in the retail world?" for Global Restructuring Review.
United States
25 Aug 2017
15
In Brief: Second Circuit Reaffirms Broad Scope Of Bankruptcy Code's Subordination Of Shareholder Claims
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
United States
21 Aug 2017
16
In Brief: Second Circuit Reaffirms Broad Scope Of Bankruptcy Code's Subordination Of Shareholder Claims
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
United States
18 Aug 2017
17
From The Top In Brief - July/August 2017
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
United States
18 Aug 2017
18
Upcoming Amendments To Bankruptcy Rule 3002 To Impact Bankruptcy Filing Practices For Mortgagees
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy.
United States
17 Aug 2017
19
Recent Case Law Developments Impact Claims Of Unpaid Suppliers For Goods Delivered Immediately Prior To Customer Bankruptcy
The supplier sought a judicial determination that its rights to the value of the goods and their proceeds were senior to those of the secured lenders.
United States
15 Aug 2017
20
Third Circuit Applies Delaware Choice Of Law Rules Allowing Subsequent Purchasers Of Oil And Gas And Lenders To Prevail Against Upstream Producers
On July 19, 2017, the Third Circuit Court of Appeals issued an opinion in Arrow Oil & Gas, Inc., et al. v. J. Aron & Company, et al. (In re Semcrude, L.P., et al.), affirming the Delaware bankruptcy court...
United States
14 Aug 2017
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