10 Oct Insolvency News and Analysis – Week Ending October 10, 2014
Commercial Restructuring and Bankruptcy News (ReedSmith, LLP)
The Short Case for Venue Reform
Proposed Bankruptcy Rule and Official Form Changes
Just When You Thought You Were Out, They Pull You Back In
Credit bidding challenges in bankruptcy
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
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