Bankruptcy and Insolvency News and Analysis – Week Ending September 30, 2016

30 Sep Bankruptcy and Insolvency News and Analysis – Week Ending September 30, 2016

Case Commencement

Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the Filing of an Involuntary Petition

The Enforceability of Independent Director or Independent Member Provisions in a Bankruptcy-Remote Entity’s Organizational Documents

Sales

Credit Bidding: Back and Better Than Ever?

Avoidance and Recovery

Recent Rulings Demonstrate Evolving Law on Ability of Plan Trustees to Assert Creditors’ Pre-Bankruptcy State Law Fraudulent Transfer Claims

Confirmation

Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims

Ruling Provides Guidance on Standard to Reopen Fully Administered Chapter 11 Case “for Other Cause”

JUDGE INSISTS CREDITOR TAKE THE MONEY

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Cross-Border

Creative Finance: U.S. Bankruptcy Courts Will Not Tolerate Manipulation of COMI and Bad Faith Uses of Chapter 15