BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING JUNE 5, 2020

Trends and Legislative Developments

Where Are The Business Bankruptcies?

Chapter 11 U.S. Bankruptcy Filings up 48% in May Compared to Year Ago

U.S. Chapter 11 bankruptcy filings surge in May

May Commercial Ch. 11s Increase 48 Percent over Last Year, Total Filings Down 42 Percent

Bankruptcies Pile Up As COVID-19 Pandemic Squeezes Cash

Unpacking Elizabeth Warren’s Bankruptcy Reform

Case Commencement

Delaware Bankruptcy Court Diverges from Fifth Circuit: Minority Shareholder’s Blocking Right Invalidated and Fiduciary Duty Imposed

Sales

Sec. 363 bankruptcy sales may yield higher prices than Chapter 11

Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?

Avoidance and Recovery

New York Appellate Court Finds Bankruptcy Trustee Not Bound by Arbitration Clause in Bankrupt Company’s Engagement Agreement With Accounting Firm

Reorganization

Constitutionality of Third Party Releases (In re Millennium Lab)

Cross-Border

Abu Dhabi’s NMC Health Seeks Ch. 15 To Shield US Assets