Bankruptcy and Insolvency News and Analysis – Week Ending August 7, 2015

07 Aug Bankruptcy and Insolvency News and Analysis – Week Ending August 7, 2015

Trends

July Commercial Chapter 11 Filings Increase 77 Percent from 2014

Claims And Litigation

Just Follow the Rules!  FRCP amendments could be e-discovery game changer

Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

Avoidance and Recovery

Ordinary Course of Business Defense Further Examined – Burtch v. Revchem Composites, Inc.

In a Case of First Impression at the Circuit Level, Ninth Circuit Holds an Insider Who Waives his Right to Indemnification from the Debtor is not a “Creditor” for Purposes of Preferential Transfers Under Sec. 547 of the Bankruptcy Code

Sales

The ABI Commission on Business Bankruptcy Reform: The Sale of All or Substantially All of the Debtor’s Assets and Proposed Creation of “Section 363(x)”

Confirmation

IN RE SEASIDE ENGINEERING: ELEVENTH CIRCUIT HOLDS FAST ON LEGITIMACY OF NON-CONSENSUAL THIRD PARTY PLAN RELEASES

Structured Dismissals Part IV – Bells & Whistles: Sweetening the Pot and Drawing Objections

Post-Bankruptcy Investing & Chapter 22s: Iconic Branding Alone Is Not Enough

Cross-Border

OAS S.A. Part III – SDNY Takes a Narrow View of Chapter 15’s Public Policy Exception