Insolvency News and Analysis – Week Ending September 12, 2014

12 Sep Insolvency News and Analysis – Week Ending September 12, 2014

Bankruptcy Legislation

House Panel OKs Bankruptcy Path for Big Bank Failures

DIP Lending

The Fifth Circuit Narrowly Construes “Good Faith” in the Context of Lending to a Debtor

Plan Confirmation

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II

Momentous Decision in Momentive Performance Materials: Subordination Is as Subordination Does

Avoidance and Recoveries

Only Debtor’s Intent Relevant in Fraudulent Conveyance Claim

An Argument for Creating an Exception to Section 547 for Payments on Intraday Overdrafts

DISTRICT COURT ADOPTS SUBJECTIVE GOOD FAITH DEFENSE FOR FRAUDULENT TRANSFER CLAIMS IN SIPA CASE

Claims

Post-Petition Interest: Not Very Predictable

Publication Notice in The Wall Street Journal and the Orange County Register May Not Be Sufficient Notice to Unknown Creditors

Intellectual Property

A Closer Look At Recent Trends At The Intersection Of Intellectual Property And Bankruptcy Law

Cross-Border

Harmonizing Choice-of-Law Rules for International Insolvency Cases: Virtual Territoriality, Virtual Universalism, and the Problem of Local Interests

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