Bankruptcy and Insolvency News and Analysis – Week Ending February 17, 2017

18 Feb Bankruptcy and Insolvency News and Analysis – Week Ending February 17, 2017

Trends

January Chapter 11 Business Filings Down 19 Percent from Last Year

Hughes Hubbard Bankruptcy Review for 2016

From a risk-of-bankruptcy standpoint, the retail business is the new oil and gas

Claims

Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim

Fifth Circuit Rules for PACA Claimants, and Weakens PACA, All in One Curious Ruling

Recoupment – Is it the same transaction?

Executory Contracts

Keeping Your Cool in the World of Trademarks and Bankruptcy

Avoidance and Recovery

What You Do Won’t Help (But What You Can’t Do Might): The Sixth Circuit Clarifies Defenses to Fraudulent Transfers

Trustee’s Claims Against Insiders For Their Action (or Inaction) in the Face of Insolvency Survives Motion to Dismiss Despite Exculpation, Business Judgement, and Deeping Insolvency Defenses

Confirmation/Reorganization

In re Roust: Seven Steps to Confirming a Plan in Seven Days

U.S. Supreme Court to Decide Fate of Structured Dismissals