Bankruptcy and Insolvency News and Analysis – Week Ending September 14, 2018

15 Sep Bankruptcy and Insolvency News and Analysis – Week Ending September 14, 2018

Trends and Developments

August Total Bankruptcy Filings Increase 10 Percent from Last Month, Commercial Chapter 11 Filings Fall 12 Percent

Commercial Chapter 11 Filings Fall 27% Y/Y in August

August bankruptcy filings jump 10%

August Commercial Filings, 2008-18

Jurisdiction

Square Peg / Round Hole – The Supreme Court and the Constitutional Authority of U.S. Bankruptcy Courts

Avoidance and Recovery

THE BIG PROBLEM WITH SMALL PREFERENCES: The Inconsistent Application of the Small-Dollar Venue Exception Creates Opportunities for Knowledgeable Preference Defendants

Confirmation

The Ninth Circuit Affirms Creditors’ Ability to Block ‘Cramdown’ by Purchasing Claims

Literal Meaning of Release Provisions Enforced Over the Objection of Plan Proponents

Intellectual Property

Trademark Licenses . . . Again (Update No. 4)

The Most Significant Unresolved Legal Issue In Trademark Licensing