Bankruptcy and Insolvency News and Analysis – Week Ending September 9, 2016

11 Sep Bankruptcy and Insolvency News and Analysis – Week Ending September 9, 2016

Trends

Breaking the Streak: Bankruptcy Fillings Increase in August

Business Bankruptcy Filings by Month, 2015 vs. 2016

The Great Debt Unwind Beneath the Surface: US Commercial Bankruptcies Soar

US commercial bankruptcies are soaring

Case Commencement

Third Circuit Denies Summary Judgment in Issue of Pre-emption

Bankruptcy Estate

District Judge May Have Split with Ninth Circuit BAP on Estate Property

Sales

In re Aéropostale, Inc.: Bankruptcy Court Finds No Inequitable Conduct and Rejects Motion to Equitably Subordinate Claim and Deny Credit Bidding Rights

Claims

Recharacterization: It’s The Substance Of The Transaction That Matters

Avoidance and Recovery

Asset Protection’s Significant Setback Is Great News For Creditors

Cross-Border

In Re Sanjel (USA), Inc.: Bankruptcy Court Denies Comity to Canadian Court’s Injunction Protecting Officers and Directors

Hanjin bankruptcy: Are Korea’s ‘chaebols’ in crisis?