Happy Holidays
South Bay Law Firm will be back posting in 2011. In the meantime, have a safe...
28 December, 2010
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“Equality is Equity”
The distribution scheme embodied in federal bankruptcy law serves several important functions. In Chapter 7,...
19 December, 2010
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Section 363 Sales and the FTC – Caveat Emptor
One of the historical attractions of the Bankruptcy Code as a vehicle for restructuring is...
14 December, 2010
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Ahcom v. Smeding – Altered Egos Redux
Last month, this blog featured a preliminary post on Ahcom Ltd. v. Smeding (9th Cir. Oct....
05 December, 2010
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Altered Egos – Part 2: Trust Busters
About a month ago, the Ninth Circuit clarified and restated the ability of individual creditors...
29 November, 2010
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Fraudulent Transfers By The Numbers – Revisited
Back in May, this blog featured a post on some preliminary research addressing the idea of...
16 November, 2010
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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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