BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING SEPTEMBER 30, 2022

Trends and Legislative Analysis

ANALYSIS: Are Chapter 11s on the Rise—Or Just Holding Steady?

Out-of-Court

When ABC Proceeding And Involuntary Bankruptcy Meet (In re Scandia)

Utilizing Structured Finance Techniques in Distressed Situations

Case Commencement

Amendment to Subchapter V of Chapter 11 Clarifies Affiliates’ Eligibility for Streamlined Restructuring Process

Reorganization

Denial of Chapter 11 Plan Confirmation Unwarranted Even if Plan Support Agreements Violated Disclosure Requirements

Seventh Circuit: Secured Creditor that Participated in Chapter 11 Case Bound by Terms of Confirmed Plan that Extinguished Lien

Eleventh Circuit Rules that Coal Act Payment Obligations Arising in 2016 Were Discharged by 1995 Chapter 11 Plan

Fifth Circuit confirms narrow scope of exculpation provisions in chapter 11 plans

Hess Blocking USVI Asbestos Cases With Bankruptcy, Creditors Say

Hess Creditors Seek Dismissal of Virgin Islands Bankruptcy

Security Interests

Bankruptcy Case Is Reminder on Collateral Ownership Issue

Avoidance and Recovery

Bankruptcy Court Narrowly Construes Section 546(e) Safe Harbor