Clear as Mud Late last month, the 9th Circuit Bankrpuptcy Appellate Panel clarified earlier precedent and held that... Share on:
Altered Egos – The Ninth Circuit Weighs in (Again) On Whether Individual Creditors Can Pursue Their Own “Alter Ego” Claims Against a Bankrupt Entity’s Principals Whenever a troubled business seeks bankruptcy protection, unsecured creditors are often left scrambling to find... Share on:
First-Day Motions as Literature In a well-known quote, Depression-era author Thurmond Arnold once described the inside of a corporate... Share on:
Preference Defense and the “Ordinary Course of Business” – It’s All In the Numbers Most readers of this blog are aware that, under the Bankruptcy Code, a Chapter 11... Share on:
The Automatic Stay Gives Way to Universalism in Chapter 15 Proceedings . . . Sort Of JSC BTA Bank (BTA), one of Khazakstan’s largest banks, sought restructuring under the guidance of... Share on:
Solvency Analysis in Preference Litigation Last week's post discussed public-market data as the benchmark for solvency in assessing fraudulent transfers. This... Share on:
Fraudulent Transfer Litigation – A New Use for Credit Default Swaps? Credit Default Swaps - those largely unregulated "side bets" over the likelihood of specific companies defaulting... Share on:
The Edge of Discretion The advent of the information age has given rise to economies built not on steel,... Share on:
Squeezing the Most Value from Distressed Assets: Is Chapter 11 Always the Best Way? It is perhaps stating the obvious that Chapter 11 of the US Bankruptcy Code offers... Share on:
Bankruptcy and Derivatives: What’s All the Fuss, Anyway? The esoteric world of credit default swaps and other derivative securities often appears far removed... Share on: