Bankruptcy and Insolvency News and Analysis – Week Ending August 10, 2018

12 Aug Bankruptcy and Insolvency News and Analysis – Week Ending August 10, 2018

Trends and Developments

Commercial Chapter 11 Filings Jump 23% Y/Y in July

Bankruptcies Still Few & Far Between for U.S. Industrials, Report

Fitch: Length of U.S. Bankruptcies Shrinks Significantly

Three Provocative Business Bankruptcy Decisions of 2018

JULY 2018 – RECENT DEVELOPMENTS IN BANKRUPTCY LAW UPDATE

Investors Dive Deep Into Riskiest Subprime Debt

The Flattening Yield Curve Spells Doom

Demand for Second Lien Loans Growing in U.S.

Receiverships

Circuit Split – Allowing Receiverships by Contract

Case Commencement

Restricting Corporate Authority to File Bankruptcy

Sales

Junior Creditors Could Share in 363 Bankruptcy Sales

INSIGHT: Creditors Not Required to Share Sale Proceeds to Pay Taxes

Successor Liability After Bankruptcy Sales: Actual Knowledge v. Constructive Notice, at U.S. Supreme Court

Avoidance and Recovery

For the Defense: State Courts Reject the Ponzi Scheme Presumptions in Fraudulent Transfer Actions

Reorganization

Absolute(ly) No – A Reminder That When It Comes to Reorganization, Equity Comes Last

Cross-Border

Could the “Collapsing Doctrine” be Used to Avoid an Extraterritorial Transfer?