Bankruptcy and Insolvency News and Analysis – Week Ending August 22, 2014

22 Aug Bankruptcy and Insolvency News and Analysis – Week Ending August 22, 2014

English: Charles Simms, March 17, 1796, Fire Insurance Policy (Photo credit: Wikipedia)

Practice and Procedure

PROPOSED [BANKRUPTCY RULE] AMENDMENTS PUBLISHED FOR PUBLIC COMMENT

DEALING WITH DIFFICULT DEBTORS

Corporate Governance

How Remote is Bankruptcy Remote? Is an Operating Agreement Restriction Against a Bankruptcy Filing Without the Unanimous Consent of All Members Enforceable?

Let’s Call the Whole Thing Off: What Happens if the Bankruptcy Code Says Yes, But the Debtor’s Governance Documents Say No?

Sales

In re Ormet Corp: Delaware Bankruptcy Court Holds Section 363(f) Bars ERISA Successor Liability Claims

Avoidance Actions and Other Recoveries

Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage

Klein v. King & King & Jones: Tenth Circuit Clarifies UFTA’s Good Faith and Subsequent Transferee Defenses

Plan Confirmation Issues

Fourth Circuit Issues Reminder to Plan Proponents: Evidentiary Support is Required for Non-Debtor Releases

Related articles

• The Uniform Voidable Transactions Act and Conflict of Laws
• Good Faith Transferees And The Perils Of Third-Party Payors
• Oregon Bankruptcy Court Refuses to Enforce Bankruptcy Waiver in LLC Operating Agreement
• Linklaters discusses Supreme Court’s Ruling in Executive Benefits Insurance Agency v. Arkison