Bankruptcy and Insolvency News and Analysis – Week Ending April 12, 2019

13 Apr Bankruptcy and Insolvency News and Analysis – Week Ending April 12, 2019

Trends and Legislative Developments

March Bankruptcy Filings Down 3 Percent from 2018, Commercial Chapter 11 Filings Decrease 13 Percent

March Commercial Chapter 11 Filings Decrease 44% Y/Y; Q1 Down 6%

Grassley, Bipartisan Colleagues Introduce Legislation to Help Small Businesses Restructure Debt

Proposed Legislation Would Prohibit Payment of Bonuses by a Debtor to Certain Employees

Jurisdiction

Bankruptcy Court Gives And Then Takes Away In Latest Stern-Related Ruling

Executory Contracts

Double Trouble: The Executory Effect of a Clerical Error

Avoidance and Recovery

An Unresolved Issue at the Intersection of Consignment and Bankruptcy Law Decided

Confirmation

Impermissible Third-Party Release Provisions Render a Plan “Patently Unconfirmable” in the Sixth Circuit

Delaware Court Holds Environmental Claim of Unknown Claimant Discharged by Chapter 11 Plan

Cross-Border

Clarity on Cross-Border Conundrum

Second Circuit Affirms Dismissal of Chapter 15 Appeal by Purported Shareholder on Standing Grounds

THE REACH OF AVOIDANCE – SECOND CIRCUIT COURT OF APPEALS HOLDS IN MADOFF THAT BANKRUPTCY CODE CAN BE USED TO RECOVER SUBSEQUENT EXTRATERRITORIAL TRANSFERS

Cross-Border Insolvency: English High Court ruling impacts Delaware Chapter 11 case