Bankruptcy And Insolvency News And Analysis – Week Ending January 10, 2020

11 Jan Bankruptcy And Insolvency News And Analysis – Week Ending January 10, 2020

Trends And Legislative Developments

Total Bankruptcy Filings Register Slight Increase in Calendar Year 2019; First Year-Over-Year Increase in Eight Years

Commercial Chapter 11 Filings drop 14% December Y/Y, Edge Up for 2019

Total 2019 Bankruptcy Filings Show First Y/Y Increase in Eight Years

Commercial Bankruptcy Filings, Calendar Year 2009-19

Chapter 11 getting easier for small businesses

Secured Claims

Determining Diminution in Value: Key Issues on Valuing Adequate-Protection Claims

Avoidance And Recovery

No, You’re a Customer: Recent Second Circuit Decision Circumscribes Merit and Preempts State Law Impairment of Safe Harbor Protections in the Wake of a Failed LBO

Sales

Inequitable Subordination: Distressing Distressed Purchasers by Propagating Subordination Benefit Elimination Theory

Bankruptcy Court Confirms High Burden to Find Material Adverse Effect in Asset Purchase Agreement

Confirmation

Third Circuit Holds Bankruptcy Courts May Constitutionally Confirm a Chapter 11 Plan Containing Nonconsensual Third-Party Releases

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success

Cross-Border

Insolvencies to rise in 4 out of 5 countries in 2020