BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING February 03, 2023

Trends and Legislative Analysis

Compilation of Recent Developments in Bankruptcy Law

An Overview of the Changes to the Handbook for Chapter 7 Trustees and Updates

The Year In Bankruptcy: 2022

Out-of-Court

NAV Financings and “Bankruptcy Unlikely” Special Purpose Vehicles

Efficacious Answers to the Non-Pro Rata Workout

Secured Claims

Proposed Uniform Commercial Code Amendments—In State Legislatures Throughout The Land

Sears Holding: A Case Study in Valuing Collateral in Chapter 11

Executory Contracts

Fifth Circuit: Bad Faith Does Not Overcome Deferential Business Judgment Standard Applied to Assumption or Rejection of Contracts in Bankruptcy

Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlord’s Entitlement to Adequate Assurance of Future Performance

Avoidance and Recovery

First Impressions: The Eleventh Circuit Examines 20-Day Administrative Expense Claims and the Subsequent New Value Preference Defense

Reorganization

Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting

Acceleration Enforceable Under State Law Following Non-Monetary Control Covenant Default Prevents Reinstatement of Loan Under Chapter 11 Plan