BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING AUG 26, 2022

Trends and Legislative Developments

Why the Texas Two-Step bankruptcy maneuver is causing controversy

Doomsday Preppers, Rules Edition: The Judicial Conference Introduces New Bankruptcy Rule 9038, Permitting More Flexibility During Emergency Situations

ANALYSIS: Measuring Up Chapter 11 Megacase Magnets at Midyear

Out-of-Court

A History of ABC Laws in Illinois

Executory Contracts

Your Word is Your Bond: Fifth Circuit Court of Appeals Determines Surety Bonds are Not Executory Contracts Even Through Multiparty Approach in In re Falcon V, LLC

A Modified Countryman Test for Multi-party Executory Contracts

Claims

The Future of Small Business Bankruptcies and Creditors’ Committees After the SBRA: In re Bonert and In re Lear Capital

Avoidance and Recovery

You Can’t Subordinate Me, I Am a Senior Secured Creditor, Right?