Clear as Mud
Late last month, the 9th Circuit Bankrpuptcy Appellate Panel clarified earlier precedent and held that...
08 November, 2010
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Proposed Technical Amendments to BAPCPA
The American Bar Association Section of Business Law provided comments last week to the Senate...
01 November, 2010
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Altered Egos – The Ninth Circuit Weighs in (Again) On Whether Individual Creditors Can Pursue Their Own “Alter Ego” Claims Against a Bankrupt Entity’s Principals
Whenever a troubled business seeks bankruptcy protection, unsecured creditors are often left scrambling to find...
25 October, 2010
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First-Day Motions as Literature
In a well-known quote, Depression-era author Thurmond Arnold once described the inside of a corporate...
18 October, 2010
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Preference Defense and the “Ordinary Course of Business” – It’s All In the Numbers
Most readers of this blog are aware that, under the Bankruptcy Code, a Chapter 11...
11 October, 2010
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Sales or Plans: A Comparative Account of the ‘New’ Corporate Reorganization – Version 2.0
Image via Wikipedia In April, this blog highlighted research done by Seton Hall's Stephen Lubben and...
04 October, 2010
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The Automatic Stay Gives Way to Universalism in Chapter 15 Proceedings . . . Sort Of
JSC BTA Bank (BTA), one of Khazakstan’s largest banks, sought restructuring under the guidance of...
28 September, 2010
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Solvency Analysis in Preference Litigation
Last week's post discussed public-market data as the benchmark for solvency in assessing fraudulent transfers. This...
13 September, 2010
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Fraudulent Transfer Litigation – A New Use for Credit Default Swaps?
Credit Default Swaps - those largely unregulated "side bets" over the likelihood of specific companies defaulting...
07 September, 2010
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The Edge of Discretion
The advent of the information age has given rise to economies built not on steel,...
30 August, 2010
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Chapter 15 Round-Up
Continued global economic uncertainty and an impending 3d quarter slow-down in the US have translated...
24 August, 2010
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A New Type of Government Refund: Criminal Restitution Payments Recoverable as Preferential Transfers
From the 9th Circuit last week, a decision providing creditors and their representatives with a potentially...
15 August, 2010
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DIP Lending in Transition
As the economy lurches forward into an uncertain back half of 2010, the DIP lending...
09 August, 2010
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Southern California – America’s Small Business Bankruptcy Leader
In a globalized business environment, it should be no surprise that some of the more...
02 August, 2010
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The Dodd-Frank Financial Reform Act: A Reader’s Digest Version
A couple of prior posts on this blog (here and here) have explored the economic...
26 July, 2010
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The Shadow of Shadow Banking
A recent post over the July 4 holiday weekend offered a "30,000 foot view" of...
18 July, 2010
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Reflections for a Holiday Weekend: The Great Recession of 2008
Last weekend’s July 4 holiday afforded members of the US business and restructuring community an...
05 July, 2010
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Examining Examiners
What's it worth to learn from prior mistakes or misdeeds? For interested parties in most large Chapter...
29 June, 2010
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Squeezing the Most Value from Distressed Assets: Is Chapter 11 Always the Best Way?
It is perhaps stating the obvious that Chapter 11 of the US Bankruptcy Code offers...
21 June, 2010
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Rule 2019: A Kinder, Gentler, Amendment
The Advisory Committee on Bankruptcy Rules of the Administrative Office of the U.S. Courts has...
14 June, 2010
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US Recognition of Individual Foreign Bankruptcies: What It (Doesn’t) Take
From the Fifth Circuit Court of Appeals, a recent decision regarding the curious (and well-aged)...
07 June, 2010
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Making Sense of “Cram-Down”
Practitioners and business people who have toiled in and around US-based restructuring work are well-acquainted...
23 May, 2010
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Bankruptcy and Derivatives: What’s All the Fuss, Anyway?
The esoteric world of credit default swaps and other derivative securities often appears far removed...
17 May, 2010
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Fraudulent Transfers and LBOs – It’s All In the Numbers . . . Or Is It?
Leveraged buy-outs (LBO's) are a time-honored means of financing the acquisition of companies. They tend...
10 May, 2010
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“Small Business” Chapter 11’s – Are They Really Worth It?
A recent post by University of Illinois' Professor Bob Lawless over at the always-stimulating "Credit...
03 May, 2010
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Will Municipal Debt Adjustment Be Limited in California? Inching Toward an Answer.
Two prior posts on this blog (here and here) have traced the progress of an...
27 April, 2010
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“Comity Is Not Just A One-Way Street”
International readers of this blog - and those in the US who practice internationally -...
19 April, 2010
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Rock & Republic . . . and Venue
Many readers of this blog will be well aware that "venue shopping" - usually to...
12 April, 2010
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Sales or Plans: A Comparative Account of the “New” Corporate Reorganization
A great deal of scholarly ink has been spilled over last year's well-publicized sales of...
05 April, 2010
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The Value of Valuation
Many readers of this blog understand the importance of asset and enterprise valuation at a...
29 March, 2010
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The Deafening Silence
A number of advanced commercial jurisdictions – such as the US, the UK, Germany, and...
22 March, 2010
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Taking Derivative Risk Out of the Code
In light of the tumultuous economic events of 2008 and 2009, a number of proposals...
14 March, 2010
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Chapter 15 Round-Up
JSC BTA Bank – A recent post appearing here discussed JSC BTA Bank (BTA)’s petition...
09 March, 2010
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Buying Assets in Bankruptcy – To Be or Not to Be . . . a Stalking Horse?!
With both the global and regional Southern California economies showing early signs of life –...
01 March, 2010
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The Debt Effect
While some global economic indicators suggest an economic recovery is getting underway in earnest, research released...
21 February, 2010
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The Stanford Saga – Chapter 16: Settlin’ Words? Or Something Else?
A brief update on Stanford (earlier posts are available here): Evidentiary hearings scheduled for late January...
15 February, 2010
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Kazakhstan’s 2d Largest Bank Seeks Protection of Its US Assets Through Chapter 15
Image via Wikipedia JSC BTA Bank (BTA), reportedly the second largest bank in Khazakstan, sought protection for...
07 February, 2010
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Does “Too Big to Fail” Mean “Too Big for Bankruptcy”?
The market collapse of 2008 and resulting financial crisis have led to significant reflection on...
31 January, 2010
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Pushing the Envelope
From New York's Southern District comes the strange tale of the Canadian asset backed commercial...
25 January, 2010
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Why Banks Aren’t In Bankruptcy
Recent federal assistance to the banking sector has focused attention on how failing banks are...
16 January, 2010
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