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...
On Thursday, the US Supreme Court released its second decision in the long-runing battle between...
A prior post on this blog featured an article highlighting some of the basic principles...
Personal liability for corporate debt has been all the rage in the Ninth Circuit. Within...
Chapter 11 practice – like so many other professional service specialties – is regrettably jargon-laden. ...
Many insolvency practitioners are familiar with the "high-asset" individual debtor - often a business owner...
When a retailer becomes insolvent, suppliers or vendors who have recently provided goods on credit typically have...
Most insolvency practitioners are familiar with the fighting which often ensues when creditors jockey for...
From Florida's Northern District comes a cautionary tale of what can go wrong when distressed real...
One of the most effective vehicles for the rescue and revitalization of troubled business and...
Title II of the Dodd-Frank Act provides “the necessary authority to liquidate failing financial companies...
When a municipality faces municipal distress, who ultimately picks up the tab? More importantly, who...
It is axiomatic in American business bankruptcy practice that though they may disagree strenuously on...
A South Carolina bankruptcy court decision issued earlier this month highlights and illustrates the perils...
Last month, the Delaware Bankruptcy Court offered an interesting look at the preemptive effect of...
Chapter 15 of the US Bankruptcy Code, enacted in 2005, was Congress' effort to make...
Asset sales through bankruptcy are all the rage - they're presumably [relatively] quick. And just...
During recent years, the global economy has seen significant growth in transactions which purport to...
Jones Day's Charles Oellerman and Mark Douglas have just issued The Year in Bankruptcy: 2010. It...
Ever since the first corporate reorganizations in the US, business owners have been looking for...
The 2008 financial crisis sparked a vigorous debate over how the financial problems of troubled...
Readers of this blog will know that a number of jurisdictions around the world have...
Norton’s recently-published 2010 Annual Survey of Bankruptcy Law offers an intriguing article focusing on an...
Image via Wikipedia The Insolvency Law Committee for the California State Bar's Business Law Section has...
South Bay Law Firm will be back posting in 2011. In the meantime, have a safe...
The distribution scheme embodied in federal bankruptcy law serves several important functions. In Chapter 7,...
One of the historical attractions of the Bankruptcy Code as a vehicle for restructuring is...
Last month, this blog featured a preliminary post on Ahcom Ltd. v. Smeding (9th Cir. Oct....
About a month ago, the Ninth Circuit clarified and restated the ability of individual creditors...
Back in May, this blog featured a post on some preliminary research addressing the idea of...
Late last month, the 9th Circuit Bankrpuptcy Appellate Panel clarified earlier precedent and held that...
The American Bar Association Section of Business Law provided comments last week to the Senate...
Whenever a troubled business seeks bankruptcy protection, unsecured creditors are often left scrambling to find...
In a well-known quote, Depression-era author Thurmond Arnold once described the inside of a corporate...
Most readers of this blog are aware that, under the Bankruptcy Code, a Chapter 11...
Image via Wikipedia In April, this blog highlighted research done by Seton Hall's Stephen Lubben and...
JSC BTA Bank (BTA), one of Khazakstan’s largest banks, sought restructuring under the guidance of...
Last week's post discussed public-market data as the benchmark for solvency in assessing fraudulent transfers. This...
Credit Default Swaps - those largely unregulated "side bets" over the likelihood of specific companies defaulting...
The advent of the information age has given rise to economies built not on steel,...
Continued global economic uncertainty and an impending 3d quarter slow-down in the US have translated...