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
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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
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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
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Flushed Away
Personal liability for corporate debt has been all the rage in the Ninth Circuit. Within...
12 June, 2011
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A Lesson In Vocabulary: “Indubitable Equivalence”
Chapter 11 practice – like so many other professional service specialties – is regrettably jargon-laden. ...
07 June, 2011
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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
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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
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When Equitable Subordination Isn’t Equitable.
Most insolvency practitioners are familiar with the fighting which often ensues when creditors jockey for...
10 May, 2011
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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
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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
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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
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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
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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
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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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