BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING November 17

Trends and Legislative Analysis

October Chapter 11 Bankruptcy Filings Increase 106%

Let’s End Bankruptcy Judge Shopping

Bankruptcy filings spike in first 3 quarters of 2023

October Commercial Chapter 11 Filings Increased 106 Percent over 2022

US corporate bankruptcies slow in October; number of large filings rises

US corporate bankruptcies at highest level since 2020, WeWork joins the list

A Look Into 2023: What do the Bankruptcy Statistics Really Mean?

WeWork’s Bankruptcy: A Harbinger of Looming Corporate Bankruptcies

WeBankrupt: Why 2023 Could Become One Of The Busiest Years For Bankruptcies In More Than 10 Years

The Changing Face of Chapter 11 Bankruptcy: Insights from Recent Trends and Research

Out-of-Court

Research: Should Suppliers Cooperate with Companies Entering Bankruptcy?

Case Commencement

Involuntary Bankruptcy Filing By Debtor’s Owner/Creditor Is In Good Faith (In re Global Energies—Cert. Denied)

Sales

Successor Liability and Bankruptcy Sales: Can I Look to the Purchaser of My Customer’s Business for Payment of My Claim?

Eighth Circuit Holds Avoidance Actions May Be Sold Under § 363

U.S. Supreme Court’s Section 363(m) Holding Provides Negotiating Leverage to Purchasers and Parties in Interest in Bankruptcy Sales

Reorganization

Subchapter V Trustee’s Rights, Powers, Functions & Duties After Removal Of Debtor From Possession

Time to Ditch the Texas Two-Step for a New Mass Tort Strategy

The Small Business Prepack: How Subchapter V Paves the Way for Bankruptcy’s Fastest Cases

Confirmation of First Known Sub V Prepack

Notable Subchapter V Bankruptcy Opinions: August and September Edition

Tips For Subchapter V Creditors (US)

ANALYSIS: How Purdue Pharma Could Reshape Ch. 11 Practice

U.S. Trustee’s Unreasonable Crusade Against All Third-Party Releases: The Latest Example (In re Kalos)

Secured Claims

It’s Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest

Cross-Border

More companies in Asia headed for bankruptcy

Default Rate Interest in The Wake of Golden Seahorse Chapter 11 Decision

Global Economic Shifts: A Rise in Business Bankruptcies