Insolvency News and Analysis – Week Ending December 5, 2014

Insolvency News and Analysis – Week Ending December 5, 2014


Current Developments and Legislation

November Bankruptcy Filings Decline 16 Percent From 2013

House passes financial institution bankruptcy bill

Amendments To The Federal Rules Of Bankruptcy Procedure, Including One Shortening The Time For Serving A Summons, Take Effect December 1, 2014

Corporate Governance

Gavin v. Tousignant: A Refresher on How Bankruptcy Courts Interpret Officers’ and Directors’ Duties

Secured Claims

But I Didn’t Mean To…Subjective Intent Does Not Determine The Effect Of A UCC Termination Statement

Executory Contracts

Court Rejects Debtor’s Attempt To Reject Part Of An Integrated Contract

Avoidance and Recovery

Fifth Circuit Narrows Meaning of ‘Value’ in Good Faith Lender’s Fraudulent Transfer Defense

In Search of the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation


Sale Proceeds: Better Get the Carve-Out Right the First Time


Two Cases Illustrate How to Bring a Chapter 11 Case to a (Successful) End

Taking a Stand Where Few Have Trodden Structured Dismissal Held Clearly Authorized By Bankruptcy Code

A Deep Dive Into Case v Los Angeles Lumber Products, The Most Important Corporate Reorganization Case of the Great Depression

Voter’s Remorse: Taking Back an Acceptance or Rejection of a Chapter 11 Plan


Introduction to Recognition under Chapter 15

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