Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching Aviation Chapter 11 Cases Take Flight Contributor(s) Kelly DiBlasi Jason George
Case Overviews, Jurisdiction & Appeals, Pre-Filing Considerations Far and Wide: Bankruptcy Court’s Expansive Definition of “Property” Under Section 109(a) Contributor(s) Matthew Goren
Automatic Stay, Chapter 11 Plans, Jurisdiction & Appeals, Litigation Issues, Pre-Filing Considerations, Releases & Exculpations, Rules & Procedures, Third Party Claims, What We're Watching Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice Contributor(s) Matt Barr Lauren Tauro Furqaan Siddiqui
Chapter 15, Claims, International, Litigation Issues, Pre-Filing Considerations Clearing a Runway to Litigating Claims: The Principle of Comity and Pre-Litigation Discovery in Chapter 15 Cases Contributor(s) Ronit J. Berkovich John Zhang
Assumption & Rejection, Executory Contracts & Unexpired Leases, Pre-Filing Considerations Executory or Not Executory? That is the Question – NJ Bankruptcy Court Rules That Court-Ordered Specific Performance Renders a Contract Non-Executory Contributor(s) Jacqueline Marcus
Corporate Governance & Fiduciary Duties, Insurance, Pre-Filing Considerations Wear Your Mask, Keep Your Distance and…Update Your D&O Insurance Contributor(s) Ariel Fliman Ronit J. Berkovich
Automatic Stay, Government, Litigation Issues, Pre-Filing Considerations, Property of the Estate, Secured Claims, What We're Watching Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay Contributor(s) Zack Tripp Alejandro Bascoy Robert Niles-Weed
Automatic Stay, Pre-Filing Considerations, Setoffs The Devil is in the Details … The Doctrine of Recoupment Contributor(s) Gabriel A. Morgan
Avoidance Actions, Case Overviews, Pre-Filing Considerations A Check is Transferred When It's Honored, Not Delivered Contributor(s) Matt Barr Lauren Tauro
Avoidance Actions, Financial Markets, Pre-Filing Considerations Seventh Circuit Exposes Leveraged Buy-Outs to Avoidance Risk in FTI v. Merit Management
Dismissal, Jurisdiction & Appeals, Pre-Filing Considerations Lake Michigan Part II: Bad Faith Analysis
Corporate Governance & Fiduciary Duties, Pre-Filing Considerations Bankruptcy Court Rejects Use of Blocking Director to Prevent Bankruptcy Filing
Pre-Filing Considerations Don’t Mess With Texas (Unless You Are Properly Venued in the Delaware Bankruptcy Court)! Texas Comptroller’s Motion to Transfer Venue of Chapter 11 Case Is Denied
ABI Reform Commission, Pre-Filing Considerations, Property of the Estate Don’t Count Your Escrows Before They Hatch
Constitutional Law, Pre-Filing Considerations Bankruptcy Court Holds That Same-Sex Couples in Registered Domestic Partnerships Are Not “Spouses”
Due Process Concerns, Pre-Filing Considerations Bankruptcy Court Refuses to Hop Aboard Faulty Subway Directions Excuse for Delayed Petition Filing Contributor(s) Kevin Bostel
Cryptocurrency Issues, Claims, Pre-Filing Considerations Could a Bitcoin Exchange Constitute a “Stockbroker”?
Case Overviews, Constitutional Law, Jurisdiction & Appeals, Pre-Filing Considerations Wisconsin Bankruptcy Court Says “I Do” to Same-Sex Spouses’ Bankruptcy Petition
Cryptocurrency Issues, Claims, Pre-Filing Considerations Would a U.S.-Based Bitcoin Exchange Be Eligible for Bankruptcy?
Cryptocurrency Issues, Chapter 15, Financial Markets, International, Jurisdiction & Appeals, Pre-Filing Considerations Foreign Bitcoin Exchanges and Chapter 15
363 Sales, Jurisdiction & Appeals, Pre-Filing Considerations, Valuation Calling a Spade a Spade: Judge Refuses to Issue a Stay Pending Appeal of 363 Sale “on the Basis of Smoke and Mirrors”
Chapter 11 Plans, Pre-Filing Considerations, Real Estate, Secured Claims The Battle for Camp Bowie: A Fifth-Circuit Story of Artificial Impairment, Cramdown, and the Risks of Secured Creditors
Pre-Filing Considerations Bankruptcy Court Transfers Venue of Patriot Coal Chapter 11 Cases from SDNY to St. Louis in the Interest of Justice
Dismissal, Automatic Stay, Jurisdiction & Appeals, Pre-Filing Considerations Hotel Whose Chapter 11 Case Was Filed in Bad Faith Can “Stay” in Bankruptcy – Part II
Dismissal, Automatic Stay, Jurisdiction & Appeals, Pre-Filing Considerations Hotel Whose Chapter 11 Case Was Filed in Bad Faith Can “Stay” in Bankruptcy – Part I
Case Overviews, Chapter 11 Plans, Pre-Filing Considerations, Real Estate Plan Accordingly: After Finding “Artificial” Impairment, Court Finds Plan Proposed In Bad Faith
Pre-Filing Considerations Small Island Fund, Big Bankruptcy Wave – U.S. Public Pension Fund Deemed Ineligible to Be a Chapter 11 Debtor
Pre-Filing Considerations Confirm Now and Transfer Later: One Court’s Clever Solution to a Venue Problem
Chapter 11 Plans, Pre-Filing Considerations, Secured Claims Taking the Long View: How Reorganization is More Like a Marathon and Less Like a Sprint
Automatic Stay, Claims, Financing, Jurisdiction & Appeals, Pre-Filing Considerations, Secured Claims Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank
Chapter 11 Plans, Jurisdiction & Appeals, Pre-Filing Considerations The Other Subject Matter Jurisdiction Issue: Courts Disagree Over When to Apply the “Close Nexus” Test to Post-Confirmation Disputes
Chapter 11 Plans, Pre-Filing Considerations Think You’re Out of Hot Water Once Disclosure Statement Is Approved? Think Again . . . Court Denies Confirmation Over Inaccurate Disclosures
Chapter 11 Plans, Pre-Filing Considerations Getting out the Vote: Quigley Court Designates Votes of Creditors Settling Prepetition with Debtor’s Parent
Chapter 11 Plans, Pre-Filing Considerations Keeping the (Good) Faith: Quigley Plan Rejection Highlights Importance of Sustaining Bankruptcy Code’s Key Underlying Principles Contributor(s) David Griffiths
