BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING MAY 06, 2022

Trends and Legislative Developments

US corporate bankruptcy filings dip in April

Total April Bankruptcy Filings Decrease 21 Percent Over the Same Period Last Year

Senate’s Bankruptcy Threshold Adjustment and Technical Corrections Act Retains $7.5 Million Eligibility for Subchapter V Small Business Debtors

U.S. Senate Passes Bill Extending Expansion of Eligibility for Small Business Chapter 11 Filing

Case Commencement

Is a Postpetition Non-bankruptcy Court Order a Violation of the Automatic Stay?: The Ninth Circuit Bankruptcy Appellate Panel Provides Clarity in Recent Holding

Reorganization

Subchapter V Trustees: Satisfying The § 1183(b)(3) Duty To “Appear And Be Heard”

Subchapter V Changed The Chapter 11 Bankruptcy Landscape – How Should A Creditor Protect Itself?

Third Party Releases Under the Bankruptcy Code After Purdue Pharma

Avoidance and Recovery

Seventh Circuit Provides Rare Guidance On “Statutory Liens”

What’s in a Name? UCC Financing Statement Mistakes Can Be Fatal

Cross-Border

Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15