Insolvency News and Analysis – Week of November 7, 2014

07 Nov Insolvency News and Analysis – Week of November 7, 2014

English: The John Minor Wisdom U.S. Courthouse, home of the United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana. (Photo credit: Wikipedia)

Trends

Year-Over-Year Bankruptcy Filings Continue to Decline

Current Developments

Recent Developments in Bankruptcy Law

Secured Claims

Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Provisions

The Bankruptcy Clause, the Fifth Amendment, and the Limited Rights of Secured Creditors in Bankruptcy

Lenders take note of recent Fifth Circuit bankruptcy decision

In re Motors Liquidation: No Intent Required for UCC-3 Termination Statement to be Effective

Avoiding Collateral Damage: In re Motors Liquidation and the Effectiveness of UCC Termination Statements

Administrative Claims

In re World Imports: Court Denies Section 503(b)(9) Claims of Sellers Who Did Not Ship Goods Directly to the Debtor

Proofs of Claim

Think Twice: Signing Proofs of Claim for Clients

Avoidance and Recovery

Is this Harbor Safe? Second Circuit Set to Explore Limits of Bankruptcy Code Section 546(e)

New Value Does Not Need to Remain Unpaid

Give and Take: Delaware Bankruptcy Court Dismisses Trustee’s Turnover and Avoidance Claims Relating to Debtor’s Net Operating Losses

Ordinary Course of Business Preference Defense Clarified in a Recent SDNY Bankruptcy Court Decision

Sales

Opportunistic Acquisitions: Buying Assets Through Bankruptcy

Liquidations

Stop in the Name of Equity: Second Circuit Affirms Dismissal of Appeals in Chapter 11 Liquidation Proceedings as Equitably Moot

Reorganizations

Momentive Postscript – Bankruptcy Rule 3018: Vote Changing on Chapter 11 Plans: You Can’t Have Your Cake and Eat It, Too

Cross-Border

Corporate Bankruptcy Tourists Land in U.S.