Bankruptcy and Insolvency News and Analysis – Week Ending August 12, 2016

14 Aug Bankruptcy and Insolvency News and Analysis – Week Ending August 12, 2016

Trends

Despite the overall decline, commercial filings continue to increase, according to the American Bankruptcy Institute

Case Commencement

A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees

Executory Contracts

In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails

Claims

Yes. It is Possible to Avoid Tax Penalty Claims in Bankruptcy

Avoidance and Recovery

The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation

Confirmation

Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”