BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING JULY 10, 2020

11 Jul BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING JULY 10, 2020

Trends and Legislative Analysis

Covid-19 Is Bankrupting American Companies at a Relentless Pace

Experts expect surge in bankruptcies in the second half of the year as coronavirus cases surge

Bankruptcies Are Up: Just Starting

Out-of-Court Transactions

Debt Forbearance/Settlement Agreements: One of the Most Important and Often Overlooked Clauses

THREE KEY TAKEAWAYS FROM OUR RESTRUCTURING STRATEGIES IN LIGHT OF COVID-19 WEBINAR

Q&A: The Effects of Financial Distress on Fiduciary Duties

Badges of Opportunism: Principles for Policing Restructuring Support Agreements

Case Commencement

Can a Lender (through an affiliate) Control Whether a Borrower Can file for Bankruptcy?

Sales

COVID-19: Key US Antitrust Issues in Bankruptcy and Distressed Sales

Secured Claims

Filing Of UCC-1 Determinative Of Priority In Consigned Goods Under Article 9

Avoidance and Recovery

Delaware Bankruptcy Court Finds Eleventh Amendment Sovereign Immunity Does Not Prevent Trustee From Pursuing Claims Against State of California

Reorganization

Congress Giveth and Congress Taketh Away: The “Retroactive” Availability of Subchapter V

Chapter 11 Bankruptcy is Expensive; the Small Business Reorganization Act Provides a Realistic Opportunity for Small Businesses to Reorganize