Insolvency News and Analysis – Week Ending September 5, 2014

05 Sep Insolvency News and Analysis – Week Ending September 5, 2014

Delaware license plate from personal collection (Photo credit: Wikipedia)

Trends

[Bankruptcy Filings and] High Yield Debt

Bankruptcies down in Delaware, US

Corporate Governance

LLC Managers Beware: Get Involved With Member Distributions By an Insolvent LLC and You May Be Personally Liable

Financial Markets

Rolling Back the Repo Safe Harbors

Sales

Eleventh Circuit Directs Bankruptcy Court to Vacate Sale Order Based on New Evidence that Involuntary Bankruptcy Case Was  Filed In Bad Faith

Secured Claims

The (Il)Legitimacy of Bankruptcies for the Benefit of Secured Creditors

Avoidance and Recovery

Caveat Debtor: Liens Preserved Pursuant to Section 551 Subject to Defects Under State Law

The Uniform Voidable Transactions Act – New Section 11 and Series LLCs

Fraudulent Transfer: A Case Where Strong Arm Powers Were “An Inch Too Short”

Fifth Circuit Provides Valuable Guidance on Jurisdiction and Authority Post-Stern

Confirmation

S.D.N.Y. Bankruptcy Court Denies Claim for Make-Whole Premium and Allows Cram Down of Debtors’ Chapter 11 Plan Paying Secured Creditors Below-Market Interest Rates on Replacement Notes

Bankruptcy Court Holds That Secured Creditors Can Be “Crammed Down” With Below-Market Rate Replacement Notes

The Fourth Circuit Weighs in on Third-Party Releases in Plans of Reorganization

Analysis Regarding Third-Party Releases in Bankruptcy

Third Circuit Rules that Failure to Disclose Third-Party Release Proves Fatal

Cross-Border

Significant Changes To [Vietnamese] Bankruptcy Procedures

Related articles

• Ninth Circuit — Bank Did Not Violate Automatic Stay by Placing Administrative Hold on Chapter 7 Debtors’ Bank Accounts