BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING MARCH 19, 2021

Trends and Legislative Development

Bankruptcy Filings Continue Downward Trend

US corporate bankruptcy tally grows by 31 in early March

Retail and Other Bankruptcies Could Rise in Second Half of 2021, Says A&G Executive at TMA Conference on Distressed Investing

Chairman Nadler Floor Statement in Support of H.R. 1651, the COVID-19 Bankruptcy Relief Extension Act of 2021

Out-of-Court Workouts

Restructuring Corporate Debt – A Different Kind of Cycle

Case Commencement

Equitable Mootness Strikes Again: The Near Impossibility of Challenging a Debtor’s Critical Vendor Decisions

Recent Developments in DIP Financing for International and Domestic Debtors

Reorganization

A New Standard for Chapter 11 Cramdown Plans – The Third Circuit Court of Appeal’s Refusal to Strictly Enforce Subordination Agreements in Non-Consensual Plans of Reorganization

Sales

Sellers Beware: Fiduciary Duty Risks to Directors

Investment Fund Activity in Chapter 11

Liquidation

What Legal Professionals Should Know About Fraudulent Transfers, Solvency Analysis

Cross-Border

The High Burden to Satisfy the ‘Manifestly Contrary to Public Policy’ Standard of Chapter 15