Bankruptcy and Insolvency News and Analysis – Week Ending November 10, 2017

11 Nov Bankruptcy and Insolvency News and Analysis – Week Ending November 10, 2017

Trends

October Commercial Chapter 11 Filings Drop 22% Year/Year

Jurisdiction

Judge Silverstein’s Opinion in Millennium Lab Holdings Threatens to Bring Clarity and Common Sense to Debate Regarding Constitutional Power of Bankruptcy Courts

Secured Claims

Secured Lenders Take Note: Second Circuit Rejects Make-Whole Premiums But Opens The Door To Higher Interest Rates

Unresolved Questions Remain in Recharacterizing Insider Debt

Sales

Secured Creditor Control and Bankruptcy Sales: An Empirical View