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1
Third Circuit Weighs In On Scope Of Section 524(g)(4) Injunction
Section 524(g)(4) also authorizes third-party releases for the benefit of a debtor's insurer.
United States
11 Sep 2018
2
Seeing Double? Two Judges, Two Lawsuits, Two Types of Bankruptcy—But a Single Vision for Comity in Cross-Border Insolvencies
In this article, published in the August 2018 issue of the American Bankruptcy Institute Journal, George Shuster and Benjamin Loveland discuss a recent decision in In re National Bank of Anguilla that provided an opportunity for the court to explain a coordinated vision for applying international comity principles in cross-border insolvencies.
United States
23 Aug 2018
3
ABI's Quick Evidence Handbook, Second Edition
ABI's Quick Evidence Handbook, Second Edition is a practical and highly accessible primer on the mechanics of admitting (or excluding) evidence in bankruptcy cases.
United States
16 Jul 2018
4
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
5
Time Is Money: Historical Strip Prices And Valuation In Oil & Gas Bankruptcies
Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value...
United States
9 Aug 2017
7
Upside Down in Chapter 15: Can U.S. Entities Qualify as "Foreign" Debtors in the U.S.?
Most lawyers familiar with chapter 15 cross-border insolvency proceedings might assume that "foreign" debtors in chapter 15 cases must be foreign entities — that is, entities not organized under the laws of U.S. states.
United States
5 May 2017
8
Coming to America?—Applying Bankruptcy Code Section 109(a) to Vet Foreign Companies Filing US Bankruptcy Cases Under Chapter 15
Chapter 15 of the US Bankruptcy Code provides a doorway for non-US companies to obtain creditor protection and other benefits of a US bankruptcy in support of insolvency proceedings for those companies in their "home" jurisdictions.
United States
2 May 2017
9
In Case You Missed It: Launch Links - Week Of December 25, 2016
A solid understanding of liquidation preferences will help you avoid any surprises if your startup gets sold.
United States
3 Jan 2017
10
Energy Sector Alert Series: Risks And Opportunities In Distressed Oil And Gas
Recent volatility in the energy markets has put increasing stress on the capital structures of companies operating in those markets.
United States
8 Feb 2016
11
The First Circuit May 'Actually' Be The Best Choice Of Bankruptcy Venue For Intellectual Property Licensees
In October 2014, GT Advanced Technologies (GT), a Delaware corporation with a principal place of business in New Hampshire, filed a petition for relief under Chapter 11 of the Bankruptcy Code (Code) in the District of New Hampshire.
United States
29 May 2015
12
Limiting The Background Noise: Investor Motivation And Identity In Bankruptcy
Claims-trading and loan-to-own strategies get a bad rap in bankruptcy.
United States
15 Dec 2014
13
CFPB Calls For Changes To Mortgage Servicing With Proposed Rule
Summary: On November 20, 2014, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") proposed changes to the rules governing mortgage servicing and foreclosures—Regulation X, which implements the Real Estate Settlement Procedures Act ("RESPA"), and Regulation Z, the implementing regulation for the Truth in Lending Act ("TILA").
United States
22 Nov 2014
14
A "Second Bite" From The Second Circuit: Revisiting Section 363 Review Of Transfers In Chapter 15 Bankruptcy Cases
In a recent Madoff-related decision,1 the Second Circuit ruled that a bankruptcy court in a chapter 15 case must conduct an independent review of an asset sale by a foreign liquidator, previously approved by a foreign court.
United States
8 Oct 2014
15
Pushing The Borders Of Chapter 15: When A Foreign Representative "Flouts" The Purposes Of Cross-Border Insolvency In The United States
A recent decision serves as a stark reminder that, if a foreign debtor seeks no more than an order granting recognition under Section 1517 and the automatic effects of recognition under Section 1520 of Chapter 15 with respect to U.S. assets ..
United States
23 Sep 2014
16
Can Chapter 15 Be An Ally To Bondholders in Foreign Insolvency Cases?
Increasingly, U.S. bondholders and other creditors of foreign debtors have turned to U.S. courts in chapter 15 cases in an attempt to improve their position against a foreign debtor or other stakeholders.
United States
6 Aug 2014
17
Whose Refund Is It? The Sixth Circuit Weighs In, Finding Tax Sharing Agreement Between Bank And Holding Company Ambiguous On Ownership Of Refunds
Summary: In its recent AmFin decision, the Sixth Circuit joined a growing line of cases considering whether tax refunds paid to a bank holding company pursuant to a tax sharing agreement between the holding company and its subsidiary bank, but attributable to losses incurred by the bank, are the property of the holding company’s bankruptcy estate or of the FDIC as receiver for the bank.
United States
29 Jul 2014
18
The Whole Loaf, Or Only a Slice?: Interstate Bakeries And The Increased Importance Of Integration Clauses In Contracts With Bankrupt Counterparties
As a recent number of bankruptcy cases have illustrated, contract integration clauses can have profound and unintended effects when, upon the bankruptcy of a counterparty, the contract becomes subject to section 365 of the Bankruptcy Code.
United States
8 Jul 2014
19
US Supreme Court Resolves Executive Benefits On Narrow Grounds, Leaving Unresolved Many Important Questions About Bankruptcy Court Authority
The US Supreme Court earlier today issued its much anticipated decision in Executive Benefits Insurance Agency v. Arkison, No. 12-1200 (June 9, 2014), a follow-on case to the Court’s landmark decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), regarding the scope of bankruptcy courts’ authority under Article III of the Constitution.
United States
10 Jun 2014
20
All Or Nothing: Delaware Bankruptcy Court Decision In Physiotherapy Holdings Addresses Contract "Integration" For Purposes Of Assumption Under Section 365(a)
This article focuses on a recent case from the Bankruptcy Court for the District of Delaware that allowed the debtor to assume a license agreement while simultaneously rejecting other agreements with the licensor.
United States
29 May 2014
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