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“Defalcation” Explained. Sort Of.

Early last month the Supreme Court held that non-dischargeability for defalcation in breach of a...

07 June, 2013 / 0 Comments

“Debtquity.”

A recently-issued Ninth Circuit decision creates potentially new avenues of recovery for creditors of an...

04 June, 2013 / 0 Comments

Recent Developments in Bankruptcy Law – 1st Quarter 2012

Cravath's always-well-done quarterly update of significant bankruptcy decisions, prepared by New York partner Richard Levin, has...

18 February, 2012 / 0 Comments

Chapter 15 Round-Up

[caption id="" align="alignleft" width="300"] Image via Wikipedia[/caption] Canadian gold mining concern Crystallex International Corp. filed for...

14 February, 2012 / 0 Comments

Central District of California’s Judicial Practices Survey

For those practitioners practicing locally here in SoCal - or for those who need to...

09 February, 2012 / 0 Comments

The Year in Bankruptcy – 2011

JonesDay's comprehensive and always-readable summary of notable bankruptcies, decisions, legislation, and economic events was released...

30 January, 2012 / 0 Comments

A Formula for Confusion

[caption id="" align="alignleft" width="240" caption="Image by Guudmorning! via Flickr"][/caption] Thanks to an active lobby in Congress,...

23 January, 2012 / 0 Comments

Intercreditor Agreements: How Far Can They Reach?

[caption id="" align="alignleft" width="240" caption="Image by edinburghcityofprint via Flickr"][/caption] Can a senior secured lender require, through...

17 January, 2012 / 0 Comments

Getting to the “Core” of the Matter

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption] Last year, the Supreme Court issued one of its...

13 January, 2012 / 0 Comments

“Collateral Damage”? Or “Credit to Whom Credit is Due”?

[caption id="" align="alignleft" width="299" caption="Image via Wikipedia"][/caption] Outside of bankruptcy, a creditor whose loan is secured...

19 December, 2011 / 0 Comments

A Chip Too Far

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption] Nearly 16 months ago, this blog covered the story...

15 December, 2011 / 0 Comments

Proposed Amendments to the Federal Rules of Bankruptcy Procedure

Last week, the Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, Criminal, and Evidence Rules...

30 August, 2011 / 0 Comments

What’s In a Name?

After a brief hiatus, we're back - and just in time to discuss a recent...

21 August, 2011 / 0 Comments

River Road Hotel Partners

One of the time-honored attractions of US bankruptcy practice is the set of tools provided...

10 July, 2011 / 0 Comments

Valuing Companies in Chapter 11 – Courts Weigh In On Supportability Of Assumptions

Guest-blogger Ray Clark of Valcor (whose prior posts appear here, here, and here) has recently...

06 July, 2011 / 0 Comments

Stern v. Marshall – What a Long, Strange Trip It’s Been

On Thursday, the US Supreme Court released its second decision in the long-runing battle between...

25 June, 2011 / 0 Comments

When Shari’a Law Meets Chapter 11

A prior post on this blog featured an article highlighting some of the basic principles...

20 June, 2011 / 0 Comments

Flushed Away

Personal liability for corporate debt has been all the rage in the Ninth Circuit.  Within...

12 June, 2011 / 0 Comments

A Lesson In Vocabulary: “Indubitable Equivalence”

Chapter 11 practice – like so many other professional service specialties – is regrettably jargon-laden. ...

07 June, 2011 / 0 Comments

Individual Chapter 11’s and “Absolute Priority”

Many insolvency practitioners are familiar with the "high-asset" individual debtor - often a business owner...

31 May, 2011 / 0 Comments

When Speaking Up Isn’t Enough

When a retailer becomes insolvent, suppliers or vendors who have recently provided goods on credit typically have...

16 May, 2011 / 0 Comments

When Equitable Subordination Isn’t Equitable.

Most insolvency practitioners are familiar with the fighting which often ensues when creditors jockey for...

10 May, 2011 / 0 Comments

The Chapter 11 “Shell Game”

From Florida's Northern District comes a cautionary tale of what can go wrong when distressed real...

02 May, 2011 / 0 Comments

Finding New Ways to Sell Troubled Assets “Free and Clear” of Liens

One of the most effective vehicles for the rescue and revitalization of troubled business and...

24 April, 2011 / 0 Comments

Nobody Does It Better . . . Than Government Regulators

Title II of the Dodd-Frank Act provides “the necessary authority to liquidate failing financial companies...

19 April, 2011 / 0 Comments

Political Will and Fiscal Federalism in Municipal Bankruptcy

When a municipality faces municipal distress, who ultimately picks up the tab?  More importantly, who...

12 April, 2011 / 0 Comments

Regulatory Bankruptcy: How Bank Regulation Causes [Real Estate] Firesales

It is axiomatic in American business bankruptcy practice that though they may disagree strenuously on...

05 April, 2011 / 0 Comments

Hope May Spring Eternal . . . But the Automatic Stay Does Not.

A South Carolina bankruptcy court decision issued earlier this month highlights and illustrates the perils...

26 March, 2011 / 0 Comments

When a Plane Isn’t Really a Plane

Last month, the Delaware Bankruptcy Court offered an interesting look at the preemptive effect of...

22 March, 2011 / 0 Comments

Chapter 15 and US Bankruptcy Courts: How Universal is “Universalism”?

Chapter 15 of the US Bankruptcy Code, enacted in 2005, was Congress' effort to make...

12 March, 2011 / 0 Comments

Section 363 and the Limits of Buyer Protection

Asset sales through bankruptcy are all the rage - they're presumably [relatively] quick.  And just...

07 March, 2011 / 0 Comments

Shari’a Law and Bankruptcy

During recent years, the global economy has seen significant growth in transactions which purport to...

21 February, 2011 / 0 Comments

The Year in Bankruptcy: 2010

  Jones Day's Charles Oellerman and Mark Douglas have just issued The Year in Bankruptcy: 2010.  It...

12 February, 2011 / 0 Comments

It’s Not the Gift That Matters – It’s the Way You Give It.

Ever since the first corporate reorganizations in the US, business owners have been looking for...

08 February, 2011 / 0 Comments

. . . But Will It Work?

The 2008 financial crisis sparked a vigorous debate over how the financial problems of troubled...

31 January, 2011 / 0 Comments

It’s Different In Hong Kong

Readers of this blog will know that a number of jurisdictions around the world have...

24 January, 2011 / 0 Comments

Now Coming to a Bankruptcy Court Near You: The Section 363 Discharge(?!)

Norton’s recently-published 2010 Annual Survey of Bankruptcy Law offers an intriguing article focusing on an...

18 January, 2011 / 0 Comments

Federal Bankruptcy Rules Revisions – Analysis and Comment

  Image via Wikipedia The Insolvency Law Committee for the California State Bar's Business Law Section has...

02 January, 2011 / 0 Comments

Happy Holidays

South Bay Law Firm will be back posting in 2011.  In the meantime, have a safe...

28 December, 2010 / 0 Comments

“Equality is Equity”

The distribution scheme embodied in federal bankruptcy law serves several important functions.  In Chapter 7,...

19 December, 2010 / 0 Comments