07 Jun A Lesson In Vocabulary: “Indubitable Equivalence”
Chapter 11 practice – like so many other professional service specialties – is regrettably jargon-laden. Businesses that need to get...
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creditor Tag
16 May When Speaking Up Isn’t Enough
When a retailer becomes insolvent, suppliers or vendors who have recently provided goods on credit typically have the ability to assert "reclamation" rights...
10 May When Equitable Subordination Isn’t Equitable.
Most insolvency practitioners are familiar with the fighting which often ensues when creditors jockey for position over a troubled firm's...
19 Apr Nobody Does It Better . . . Than Government Regulators
Posted at 18:22h
in Bankruptcy, Cash Shortage, Initial Risk Factors, Insolvency, Out-of-Court Transactions
by Southbaylaw_Ad
0 Comments
Title II of the Dodd-Frank Act provides “the necessary authority to liquidate failing financial companies that pose a systemic risk...
29 Nov Altered Egos – Part 2: Trust Busters
About a month ago, the Ninth Circuit clarified and restated the ability of individual creditors to pursue claims against debtors...
08 Nov Clear as Mud
Late last month, the 9th Circuit Bankrpuptcy Appellate Panel clarified earlier precedent and held that adequate protection determinations are entirely...
25 Oct 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
Posted at 14:46h
in Bankruptcy, Insolvency, Liquidation, Reorganization
by Southbaylaw_Ad
0 Comments
Whenever a troubled business seeks bankruptcy protection, unsecured creditors are often left scrambling to find other sources of recoveries for...
11 Oct 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 debtor (or the trustee appointed...
14 Jun Rule 2019: A Kinder, Gentler, Amendment
The Advisory Committee on Bankruptcy Rules of the Administrative Office of the U.S. Courts has pulled back from its earlier...
23 May Making Sense of “Cram-Down”
Practitioners and business people who have toiled in and around US-based restructuring work are well-acquainted with one of the great...