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Is The Shortest Way Up . . . Straight Down?

"There's a cement slab on Ridge Lane, topped with a few pipes, an electrical box...

16 August, 2009 / 0 Comments

The Stanford Saga – Chapter 7: Sir Allen Weighs In . . . Sort Of

Since mid-July, Antiguan liquidators Peter Wastell and Nigel Hamilton-Smith and federal receiver Ralph Janvey have...

10 August, 2009 / 0 Comments

The Survey Says: Four Out of Five Companies Can’t Forecast Mid-Term Cash Flow

On Tuesday, Industry Week reported results of a recent study by Miami-based Hackett Group, Inc....

02 August, 2009 / 0 Comments

NYT Echoes European Predictions: A Rising Wave of Bankruptcies

July 15's "Deal Book" (hosted by the New York Times) offered a fresh prediction by...

27 July, 2009 / 0 Comments

Distressed M&A: The Party Rolls On

A couple of earlier posts on this blog (here and here) have periodically discussed the state...

18 July, 2009 / 0 Comments

The Stanford Saga – Chapter 6: Mr. Justice Lewison Steals the Show

A flurry of pleadings this week precede Judge David Godbey's anticipated ruling on Peter Wastell's...

12 July, 2009 / 0 Comments

Chapter 15 Round-Up: May and June 2009

2009 is shaping up to be an extraordinary year for business bankruptcy.  Headlines and hoopla aside,...

03 July, 2009 / 0 Comments

The Stanford Saga – Chapter 5: The Liquidators Strike Back

Nearly two weeks ago, this blog highlighted further scuffling in the ongoing contest for administrative...

27 June, 2009 / 0 Comments

2009: Year of the Mega-Case?

Last Monday's "Credit Slips" blog features a brief piece by Seton Hall's Steve Lubben, who...

22 June, 2009 / 0 Comments

The Stanford Saga – Chapter 4: Where Is a Ponzi Scheme “Headquartered,” Anyway?

This blog has intermittently followed the Texas-sized contest for control over now-defunct financial and investment...

16 June, 2009 / 0 Comments

California’s Ongoing Efforts to Limit Municipal Bankruptcies

Since late January, California's state assembly has considered legislation designed to impose additional hurdles on cities,...

09 June, 2009 / 0 Comments

Chrysler and Successor Liability

Readers of this blog will be familiar with Seton Hall Professor Stephen Lubben's prior work...

01 June, 2009 / 0 Comments

The Stanford Saga – Chapter 3: Antiguans 1, Receiver 0

Last week's blog post (here) covered early skirmishing between SEC receiver Ralph Janvey and Antiguan liqudators Nigel...

25 May, 2009 / 0 Comments

The Stanford Saga – Chapter 2: Too Many Cooks In the Kitchen?

A prior post on this blog mapped out the field of combat in the brewing battle between...

16 May, 2009 / 0 Comments

Chapter 15 Round-Up: February – April 2009

The first four months of 2009 have been busy ones for Chapter 15 filings.  Though...

10 May, 2009 / 0 Comments

Credit Default Swaps: The New “Bankruptcy Trigger”?

An earlier post on this blog covered the potential impact of credit default swaps (CDS's)...

04 May, 2009 / 0 Comments

All Right . . . Who’s In Charge Here?!!

When a foreign representative meets a federal receiver, who's ultimately in charge?  And in charge...

27 April, 2009 / 0 Comments

Avoidance Actions and Chapter 15 – The Little Things Can Make The Difference

Chapter 15 of the U.S. Bankruptcy Code is designed to assist foreign representatives appointed in...

20 April, 2009 / 0 Comments

Distressed M&A: Two Perspectives, One Conculsion

A recent MONDAQ article by Bryan S. Gadol and Wendy R. Kottmeier of Dorsey & Whitney's...

12 April, 2009 / 0 Comments

Credit Default Swaps and Bankruptcy

In a series of papers - the most recent a chapter in Greg N. Gregoriou's...

05 April, 2009 / 0 Comments

An Out-of-Court “Winding Up” Entitled to Recognition Under Chapter 15? You Bet!

Chapter 15 of the Bankruptcy Code - the Code's "cross-border" provision - was enacted in 2005...

23 March, 2009 / 0 Comments

“Seller-in-Possession” Financing?

By now, it's no secret that DIP financing - once a mainstay of Chapter 11...

15 March, 2009 / 0 Comments

The Year in Bankruptcy: 2008

For bankruptcy and insolvency specialists, 2008 was the year that was. In a 3-part article appearing...

07 March, 2009 / 0 Comments

Irony Doesn’t Pay

Litigation has always been an important tool for unsecured creditors looking to augment their returns...

01 March, 2009 / 0 Comments

Chapter 15 Recognition for Insolvencies North and South of the Border

An update on recent recognition requests from North and South America: - Railpower Technologies Corp. - The...

22 February, 2009 / 0 Comments

DIPzilla

An earlier post here noted the changes in DIP lending occuring in this credit market, and...

15 February, 2009 / 0 Comments

When is an “Outsider” Really an “Insider?” And When Does It Matter?

Conventional wisdom has it that Chapter 11 cases in this economic downturn will be far...

06 February, 2009 / 0 Comments

Will California Municipalities Have to Obtain State Clearance Before Filing Chapter 9?

One of the most deeply rooted concepts in American bankruptcy jurisprudence is the idea that,...

30 January, 2009 / 0 Comments

Hong Kong Government Mulls Changes to Region’s Insolvency Law

Last week's post (below) covered a recent Chapter 15 petition commenced by Armada (Singapore) Pte....

24 January, 2009 / 0 Comments

Armada (Singapore) Pte. Ltd. Seeks Chapter 15 Recognition

Citing a collapse of the global dry bulk markets as the precursor of an anticipated...

16 January, 2009 / 0 Comments

Mexican Insolvency and Restructuring Law – Landmark Articles

With the New Year, International Corporate Rescue has published a new Special Issue: "Mexican Insolvency...

09 January, 2009 / 0 Comments

When is a “trade creditor” a “trade creditor?” And when is it something else?

Restructuring Concepts, LLC's Randall Reese flagged a recent Delaware bankruptcy decision that addressed this issue...

26 December, 2008 / 0 Comments

Supremes to Hear Case on Viability of Johns-Manville Channeling Injunction

Hat Tip to M. Jonathan Hayes at Bankruptcy Prof Blog for posting this “heads up”...

19 December, 2008 / 0 Comments

Post-Petition Financing – Keepin’ the Deal Under Seal

It is no secret to Chapter 11 practitioners that this bankruptcy cycle differs from the...

19 December, 2008 / 0 Comments

. . . and Durango Gains Recognition

Corporation Durango S.A.B. de C.V. gained recognition for its Mexican concurso proceeding in a ruling...

12 December, 2008 / 0 Comments

Landsbanki Joins Glitnir, Kaupthing in Chapter 15 . . .

On Tuesday (9 December) Iceland's Landsbanki hf joined that country's two other major banks -...

12 December, 2008 / 0 Comments

In re KAUPTHING BANK hf. – Provisional Relief Granted

A New York Bankruptcy Judge on Monday granted provisional relief to the administrator of Iceland's...

04 December, 2008 / 0 Comments

US-Mexico Bar Association 2008 Conference – Mexico City

I've recently returned from a conference sponsored by the US-Mexico Bar Association.  The conference, convened...

19 November, 2008 / 0 Comments