Insolvency News and Analysis - Week Ending May 15, 2015 | South Bay Law Firm
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Insolvency News and Analysis – Week Ending May 15, 2015

Insolvency News and Analysis – Week Ending May 15, 2015

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Trends

Chapter 11 Duration, Preplanned Cases and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era

From the Abstract: 

“This article empirically examines and quantifies the effect of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) on three distinct aspects of the Chapter 11 process: a) the duration of traditional Chapter 11 cases; b) the use of prepackaged and prenegotiated bankruptcies; and c) debtor refiling rates. The sample studied consists of companies with more than $100 million in assets that both filed for and exited Chapter 11 between 1997 and 2014. BAPCPA is found to be associated with shorter Chapter 11 case duration, and an increased use of prepackaged and prenegotiated bankruptcies. Additionally, BAPCPA is found to be associated with an increase in the proportion of firms that soon refile for bankruptcy. It seems that the 2005 amendments force the debtor to emerge hastily from its Chapter 11 proceedings, ignoring operational and structural problems and, therefore, not achieving true rehabilitation.”

 

Avoidance and Recovery

Securitized Loan Payments Safe Harbored Under Section 546(e)

Ninth Circuit Insulates Corporate Insider from Preference Liability

Bankruptcy Court Analyzes Preference and Fraudulent Transfer Claims as Applied to the Termination of a Lease

Sales

FIFTH CIRCUIT FINDS UNDERSECURED CREDITOR WAIVED RIGHT TO CREDIT BID

In re Motors Liquidation Co: SDNY Bankruptcy Court Denies Successor Liability Claims Against New GM for Ignition Switch Defect

Claims

Court Reiterates that Debtor’s Setoff Rights Trump those of Claimant

Cross-Border

Chapter 15 Cross-Border Insolvency Means Comity and Cooperation; Not Necessarily Comedy and Concern

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