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
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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
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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
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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
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Shari’a Law and Bankruptcy
During recent years, the global economy has seen significant growth in transactions which purport to...
21 February, 2011
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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
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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
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. . . But Will It Work?
The 2008 financial crisis sparked a vigorous debate over how the financial problems of troubled...
31 January, 2011
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It’s Different In Hong Kong
Readers of this blog will know that a number of jurisdictions around the world have...
24 January, 2011
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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
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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
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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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