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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The Stanford Saga – Chapter 15: Some Further Thoughts on COMI.
When a foreign business entity commences a bankruptcy proceeding, US courts' recognition of that proceeding...
09 January, 2010
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The Stanford Saga – Chapter 14: Fightin’ Words.
Evidentiary hearings are scheduled for later this month in the ongoing struggle for control over...
04 January, 2010
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The “Empty Creditor Hypothesis” – Systemic Financial Risk? Or Worrisome Empty-Headedness?
A significant amount of ink has been spilled in recent months over the state of...
27 December, 2009
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Buyer’s Market? Or Seller’s Standoff? A Look At The Numbers
Several posts this year - the most recent one here - have noted the general buyers'...
20 December, 2009
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The Stanford Saga – Chapter 13: Three Questions About Recognition
An update regarding Peter Wastell and Nigel Hamilton-Smith's dispute with federal Receiver Ralph Janvey over control of Stanford International...
14 December, 2009
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What’s It Worth?
Prior to the economic downturn - when sales were rising and debt was cheap -...
07 December, 2009
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Chicken.
The purchase of debt on the cheap and subsequent use of activist litigation to seize...
30 November, 2009
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The Stanford Saga – Chapter 12: Showtime.
A brief but important update regarding Antiguan liquidators Peter Wastell and Nigel Hamitlon-Smith's pending request...
23 November, 2009
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The Stanford Saga – Chapter 11: Is Something Rotten in the State of Antigua?
As readers of this blog are aware, Antiguan liquidators Peter Wastell and Nigel Hamilton-Smith and...
16 November, 2009
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Zoned Out
The fiduciary duty of directors and officers to the shareholders of their corporation is a...
09 November, 2009
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Figuring Out the House Rules
In an age of globalized business, US-based firms commonly find themselves dealing with foreign creditors...
02 November, 2009
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Small Business Chapter 11’s – Swift and Silent
A recent study conducted by risk management solutions provider PayNet, Inc. highlights an interesting trend...
26 October, 2009
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The Stanford Saga – Chapter 10: “Bleak House” Redux?
Postings on this blog have focused on the cross-border battle between Antiguan liquidators Peter Wastell and...
19 October, 2009
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Taking the Punchbowl Away from the Party
Business bankruptcies in the US can be big business for hedge funds trading in distressed...
12 October, 2009
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Chapter 15 Round-Up: July-September 2009
After a blazing start during the first half of 2009, it was a longer, slower summer for...
05 October, 2009
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The Chrysler Sale – Back to the Future?
The bankruptcy blogosphere is replete with commentary on Chrysler LLC's sale, through Section 363 of...
28 September, 2009
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The Stanford Saga – Chapter 9: “As If We Don’t Have Safes In Canada!”
A brief update in the ongoing struggle between Antiguan liquidators Peter Wastell and Nigel Hamilton-Smith...
21 September, 2009
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The Law of Unintended Consequences
Unintended consequences. Unfortunately, life is full of them . . . and so is the 2005...
14 September, 2009
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