Insolvency News and Analysis – Week Ending October 10, 2014

Insolvency News and Analysis – Week Ending October 10, 2014

Current Events

Commercial Restructuring and Bankruptcy News (ReedSmith, LLP)


The Short Case for Venue Reform


Proposed Bankruptcy Rule and Official Form Changes

Secured Claims

Just When You Thought You Were Out, They Pull You Back In

Credit bidding challenges in bankruptcy

Administrative Claims

When Are Goods “Received” by the Debtor? Establishing International Suppliers’ Entitlement to 503(b)(9) Administrative Expense Claim

Executory Contracts, IP, and Licensing

Questioning the Executoriness of Trademark Licenses in Integrated Agreements

Avoidance and Recovery Actions

Dilution Of Corporate Stock As A Fraudulent Transfer In Antonello

R-E-C-O-V-E-R: Find Out What It Means to the Third Circuit

Strong Arm Powers: What Can Be Done With An Avoided Lien?

Uniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA

Subordination and Recharacterization

Focusing on Intent in Recharacterization Analysis, Delaware Bankruptcy Court Ruling Indicates that Creditors Seeking Derivative Standing Face High Hurdle

Bankruptcy Sales

Opportunistic Acquisitions: Buying Assets Through Bankruptcy

Sales Free and Clear: What About Restrictive Covenants?

Conversion and Dismissal

Taking a Stand Where Few Have Trodden: Structured Dismissal Held Clearly Authorized by the Bankruptcy Code


Brazilian Reorganization Plan: Fundamentally Fair or Wholesale Trampling of Creditors’ Rights?

U.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition

A “Second Bite” from the Second Circuit: Revisiting Section 363 Review of Transfers in Chapter 15 Bankruptcy Cases

Second Circuit Holds That a Sale by a Chapter 15 Debtor in a Foreign Main Proceeding of a Claim Against an Obligor Located in the U.S. Must Be Reviewed by the U.S. Bankruptcy Court Under Section 363 of the Bankruptcy Code

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