Bankruptcy and Insolvency News and Analysis – Week Ending March 3, 2017

05 Mar Bankruptcy and Insolvency News and Analysis – Week Ending March 3, 2017

Bankruptcy Estate

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

Assets of closely aligned LLC subject to bankruptcy claims

Sales

Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking

Secured Claims

The Rule of Explicitness Inside and Outside of Bankruptcy

Unsecured Claims

Delaware Bankruptcy Court Finds Debtor Did Not Properly Terminate Contract, Faces Significant Breach of Contract Damages

Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code

Avoidance and Recovery

Meoli v. Huntington National Bank: Sixth Circuit Clarifies Bank’s Status as Section 550 Transferee and Standards for Section 548(c) and Section 550 Affirmative Defenses

Confirmation

The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware

Cross-Border

CREATIVE FINANCE: U.S. BANKRUPTCY COURTS WILL NOT TOLERATE MANIPULATION OF COMI AND BAD FAITH USES OF CHAPTER 15