Bankruptcy and Insolvency News and Analysis – Week Ending October 7, 2016

09 Oct Bankruptcy and Insolvency News and Analysis – Week Ending October 7, 2016

Trends

Top ten court districts for ch. 11 filings reporting over $10 million in debt for 2016 year-to-date

Business Bankruptcy Filings Through First Three Quarters of 2016 Up 28 Percent; Total Filings Fall 6 Percent

Total chapter 11 filings reporting over $10M in debt by sector for 2016 YTD, led by energy, consumer discretionary and financials

Sept. Business Bankruptcy Filings Up 28 Percent over 2015

Jurisdiction

The Divide Between Maritime And Bankruptcy Jurisdiction

Secured Claims

Rules of Thumb for Intercreditor Agreements

Satisfaction of a Prepetition Loan by a DIP Loan Does Not Extinguish Vendor’s Reclamation Rights Under Section 546(c)

Avoidance and Recovery

Extraterritorial Avoidance Actions: Lessons from Madoff

The Avoidance of Pre-Bankruptcy Transactions: An Economic and Comparative Approach

Opinion in NewPage (Pirinate Consulting) is a Reminder of 547 Defenses

Sales

Preserving a Fundamental Bankruptcy Tool: Despite uncertainty, credit bidding continues to serve lenders and investors well in distressed industries

Executory Contracts

Lease Rejection: Does the Contract Disappear?

Confirmation

How Absolute Is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals

American Idol & The Absolute Priority Rule

Cross-Border

Chapter 15 at 11: Bankruptcy Code’s Cross-Border Insolvency Law Approaches 11th Anniversary