Bankruptcy and Insolvency News and Analysis – Week Ending October 12, 2018

13 Oct Bankruptcy and Insolvency News and Analysis – Week Ending October 12, 2018

Trends and Legislative Developments

The Southern District of Texas: The Next Big Venue in Commercial Bankruptcy?

Executory Contracts

Franchise Agreement Not Properly Terminated Pre-Bankruptcy

Sales

A ‘Free and Clear’ Sale Order Is Only as Good as the Notice It Is Predicated Upon

Fostering Competitive 363 Sales Is Not Always ‘Cause’ to Limit Right to Credit Bid

True-Sales: Quest Continues to Create a Doctrine to Guide Investors, Creditors, Courts

SDNY Decision Could Inject Uncertainty into 363 Sales

Reorganization

Stern Challenge to Third-Party Plan Releases Fails in Delaware

Horizontal Gifting Upheld in Chapter 11 Plan in the Third Circuit

Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases

Cross-Border

Recent Decisions Pertaining to Chapter 15