22 Aug Bankruptcy and Insolvency News and Analysis – Week Ending August 22, 2014
Practice and Procedure
PROPOSED [BANKRUPTCY RULE] AMENDMENTS PUBLISHED FOR PUBLIC COMMENT
DEALING WITH DIFFICULT DEBTORS
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?
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