Bankruptcy and Insolvency News and Analysis – Week Ending January 18, 2019

19 Jan Bankruptcy and Insolvency News and Analysis – Week Ending January 18, 2019

Trends and Legislative Analysis

Reorg Americas: 2018 Chapter 11 Filing Year in Review (Jan. 13, 2019)

Case Commencement

Bankruptcy Court Turns Down Attempt to Circumvent CDO Liquidation Procedure

Claims

The Devil’s Triang(ular Setoff) – Delaware Judge Rejects Corporate Parent’s Attempt to Set Off Debt Owed to Subsidiary

Court rules subordination agreement bars junior creditor from obtaining discovery from senior creditor

Avoidance and Recovery

Fifth Circuit Blocks Fraudulent Transferee’s Good Faith Defense

Reorganization

Second Circuit Adopts Secured Creditor Cramdown Standard Based on Market Efficiency

Cross-Border

Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

Equitable Mootness Held to Apply to Appeal from Chapter 15 Order Enforcing Foreign Scheme of Arrangement