SOUTHBAY LAW FIRM – INDUSTRY NEWS – WEEK ENDING September 21, 2024

23 Sep SOUTHBAY LAW FIRM – INDUSTRY NEWS – WEEK ENDING September 21, 2024

Out-of-Court:

Evaluating Credit of a Privately-Held Company Without Getting Financial Statements

Case Commencement:

Date for Determining Subchapter V Eligibility

Executory Contracts:

Ability to assume a contract over the objections of third party beneficiaries or counterparty that is not subject to U.S. personal jurisdiction.

Reorganization:

Terraform Bankruptcy Protections Draw Justice Department Rebuke

Interest Rate Determination Methods in Bankruptcy Chapters 11, 12, and 13

Avoidance and Recovery:

Creditors Have Standing to Bring Derivative Actions Against 

Fraudulent Transfer In A Ponzi Scheme: A Mens Rea Requirement Of Actual Fraud? (Kirland v. Rund)

Cross-Border:

US Lenders Counter Byju’s Claim on Debt, Says Edtech Obligated to Repay Full $ 1.2 billion Term Loan B