Bankruptcy and Insolvency News and Analysis – Week Ending December 7, 2018

09 Dec Bankruptcy and Insolvency News and Analysis – Week Ending December 7, 2018

Trends and Legislative Developments

Chapter 11 Reform Commission Co-Chair Applauds Introduction of Legislation for Viable Reorganization of Small and Medium-Sized Enterprises

Lawmakers Want Cheaper Chapter 11 For SMBs

Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed Chapter 14

CHAPTER 11 BANKRUPTCY CASE STUDIES

A License to Kill a License? SCOTUS to Resolve Trademark Bankruptcy Split

Central District Bankruptcy filings in October, 2018

November Commercial Chapter 11 Filings Increase 50 Percent over Previous Year, Total Filings Decrease 2 Percent

Case Commencement

Bankruptcy Court Rejects Involuntary Chapter 11 for CDO

DIP Financing

Ninth Circuit BAP Denies Retroactive Approval of Postpetition Financing

Reorganization

Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases

Cross-Border

Creditors’ Contractual Autonomy Does Not Triumph the Value of Bankruptcy Law as a Collective Dispute Resolution Mechanism