BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING SEPTEMBER 23, 2022

Trends and Legislative Developments

Restructure This! Episode 14: The Intersection of Bankruptcy and Arbitration with Professor Robert M. Lawless

Executory Contracts

A New Approach to Executory Contracts? Fifth Circuit Opens the Door for the Functional Approach

Case Commencement

Becoming Eligible For Subchapter V By A Retroactive Change In the New Law (In re Phenomenon)

3rd Circuit to Rule on the Validity of the “Texas Two-Step” in Chapter 11 Cases

Reorganization

In for a Dime, In for a Dollar? Can a Partner Escape Liability in Bankruptcy for a Fraud by Blaming Another Partner?

Liquidation

Risks facing directors & officers

A Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial Transferee” Saved an Innocent Immigrant From a Corrupt Car Dealer and a Troublesome Trustee