Insolvency News and Analysis – Week Ending August 1, 2014

01 Aug Insolvency News and Analysis – Week Ending August 1, 2014

Insolvency News and Analysis . . . and More

Trends

Highlights From 2014 (and Beyond)

Disposition Firms Maximize Value by Leaving No Stone Unturned

Mid-Year Chapter 11 Bankruptcy Update: From One Extreme To The Other

Litigation

A Dispute Over a Dispute: Recent Bankruptcy Court Decision Dismisses Involuntary Chapter 7 Petition Due to Bona Fide Disputes

Claims, Creditors, and the Bankruptcy Estate

A Spoonful of Sugar Helps the [UCC] Remedy Go Down: Recognition of Stoppage Rights in the Early Years of the Bankruptcy Code

Decisions Do Not Apply “Jewel Doctrine” to Departed Partners’ Fees

Avoidance and Recovery

The Uniform Voidable Transactions Act – What’s With The Name Change?

Strong Arm Powers: For Want of An “S” the Mortgage Was Lost

Professional Lines Alert – Non-Fiduciary Held Liable for Aiding and Abetting Breach of Fiduciary Duty

Not Fraudulent, Voidable

Valuation

In re Brown: Replacement Value Applies Even  When Debtor Surrenders Property

Sales

RECENT CHALLENGES TO CREDIT BIDDING—A NEW TREND?

Sale “Free and Clear”: Adequate Protection of Nothing is Nothing

Plan Confirmation

Fourth Circuit Invalidates Third-Party Release Provision in Chapter 11 Plan

CWCapital Asset Mgmt v. Burcam Capital II: Court Thwarts Debtor’s “Obvious Gerrymandering” to Obtain Plan Confirmation

Release Me! Release Me!: S.D.N.Y Bankruptcy Court Upholds Certain Non-Consensual Non-Debtor Releases Granted by Unimpaired Creditors and Equity Holders

Claims

Make-Whole Provisions Continue to Cause Controversy: What You Can Do to Avoid Litigation

Eleventh Circuit Extends FDCPA to the Filing of Bankruptcy Proofs of Claim

Delaware Court Enforces Subordination Agreements Despite Senior Indenture Trustee’s Late Filing of Senior Claims

The Interplay between Section 502(d) of the Bankruptcy Code and SIPA’s Requirement of “Prompt” Return of Customer Funds

Related Articles

• A deluge has swept through U.S. bankruptcy courts of late. Consumer debt buyers – armed with hundreds of delinquent accounts purchased from creditors – are filing proofs of claim on debts deemed unenforceable under state statutes of limitations. This appeal c
• Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA
• Oregon Bankruptcy Court Refuses to Enforce Bankruptcy Waiver in LLC Operating Agreement
• “Least sophisticated consumer” standard under the FDCPA