SOUTHBAY LAW FIRM – INDUSTRY NEWS – WEEK ENDING September 7, 2024

Trends and Legislative Analysis

Paul Weiss Restructuring Department Bulletin – September 2024

“Federal Policy Favoring Arbitration” Is Actually “To Make Arbitration Agreements As Enforceable As Other Contracts, But Not More So” (Brown & Sundance)

Commercial Bankruptcy Filings Increase 9 Percent over the Same Period Last Year

Epiq: Commercial Bankruptcy Filings Increase 9% Y/Y, Total Bankruptcy Filings Up 8%

Out-of-Court

Coming from the Uniform Law Commission: A Uniform or Model State Law on Assignment for the Benefit of Creditors

Case Commencement

Rule to Curb Judge Shopping in Big Bankruptcies Should Be Delayed, Panel Says – WSJ

Unsecured Claims

Courts are Divided on Whether Electric Energy is a “Good” under Section 503(b)(9) of the Bankruptcy Code

Avoidance and Recovery

Section 546(e) Safe Harbor Provision Applies to Transactions Involving Private Securities

Cross-Border

U.S. Bankruptcy Courts Balance the Statutory Protections of Stakeholders with the Needs of Discovery in Foreign Bankruptcy Proceedings