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Subordination & Recharacterization

Sentinel Appeal Part II: Seventh Circuit Discusses Equitable Subordination of Non-Insider

Avoidance Actions

Making a Clean Break, Part I: Tenth Circuit Sheds Light on When Terminated Officer Ceases to Be Insider

Onward, Christian Soldiers: Some Guidance on 363 Sales, Fair Auctions, and Proposed Sales to Insiders

Avoidance Actions

Deprizio, Shmeprizio: A Waiver of Indemnification Can Shield an Insider Guarantor From Liability (at Least in the Ninth Circuit)

Avoidance Actions

Ex-President Surely Feels Like a Room without a Roof: Happy Not to Be Deemed an Insider (Part II)

Contributor(s)

Andriana
Georgallas

Avoidance Actions

Ex-President Surely Feels Like a Room without a Roof: Happy Not to Be Deemed an Insider (Part I)

Contributor(s)

Andriana
Georgallas

Chapter 11 Plans, Plan Solicitation & Voting

You Asked Your Buddy to Do What? Non-Statutory Insiders and Vote Designation

Chapter 11 Plans, Labor & Employment

Blitz Bonus: Court Approves Bonus Plan with Payments to Insiders

Avoidance Actions, Claims

Have Your Cake and Eat It Too: Defendants in Insider Preference Actions under State Law May Doubly Benefit from the New Value Defense

Avoidance Actions

Members May Be Insiders of an LLC Debtor in the Seventh Circuit

Claims, Employment, Fees, Professionals, Rules & Procedures

How Many Connections are Too Many? Bankruptcy Court Finds Multiple Attenuated Connections Not Enough to Warrant Disqualification of Debtors’ Professional

Contributor(s)

Jared
Mezzatesta

Cryptocurrency Issues, Financial Markets, What We're Watching

Winter in June: Distress in the Crypto Industry and Potential Regulatory Responses

Contributor(s)

Ronit J.
Berkovich

Claims, Proofs of Claim, Subordination & Recharacterization

Debt or Equity? SDNY Bankruptcy Court Says “Equity” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity

Contributor(s)

363 Sales, Litigation Issues, What We're Watching

Attention Buyers of Assets in Bankruptcy: How To Be A Good Faith Purchaser and Ensure Any Post-Closing Challenges Will Be Dismissed as Statutorily Moot Under Section 363(m) of the Bankruptcy Code

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Chapter 11 Plans, Cramdown, Plan Solicitation & Voting, Secured Claims

Upon Further Review, Ninth Circuit Finds No Flag On the Play – Creditor Allowed to Block a Cram-Up Plan Following Claims Purchases

Contributor(s)

David
Griffiths

Case Overviews, Chapter 11 Plans, Cramdown, Litigation Issues, Plan Solicitation & Voting

U.S. Bank N.A. v. Village at Lakeridge, LLC

Contributor(s)

Ronit J.
Berkovich

Court Approves Key Employee Incentive Plan, Finding it is Not a Disguised Retention Plan

Contributor(s)

Involuntary Petitions

Keep Your Fights Out of Bankruptcy Court: Bad Faith Involuntary Petitions

MLB, McCourt and Magic: Revisiting the Los Angeles Dodgers’ Bankruptcy Five Years Later

Lookback Period

Lookback Period – Twelve Weeks (pt 2)

Involuntary Petitions

Florida Bankruptcy Court Finds That It Should Abstain From Involuntary Cases Against Florida Real Estate Developer (No, Not THAT Florida Real Estate Developer)

Lookback Period

2016 Lookback Period – Six Weeks (Part 2)

Lookback Period

2016 Lookback Period – Six Weeks (Part 1)

Automatic Stay, Case Overviews, Chapter 11 Plans, Humor

50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law

Contributor(s)

Time Doesn’t Heal Everything: Court Denied Motion to Dismiss Action to Set Aside 21-Year Old Bankruptcy Sale for Fraud on the Court Despite Absence of Specific Allegations That Fraud Reduced the Sale Price!

Lookback Period

Lookback Period – Six Weeks (Part 2)

Rules & Procedures

The Bankruptcy Forms' Makeover Takes Effect Today

Avoidance Actions

Another Case Involving a Truck, But Not to Worry – This One Is Not About Interest Rates!

Distressed Debt Funds, Litigation Issues

Distressed Investor Finds Covenant-Lite Loan Offers Little Protection – Quadrant Structured Products v. Vertin

Avoidance Actions

Making a Clean Break, Part II: Tenth Circuit Sheds Light on Reasonably Equivalent Value for Severance

Lookback Period

Lookback Period — Six Weeks

Corporate Governance & Fiduciary Duties

The Interesting Relationship Between Veil Piercing and Fraudulent Transfer Law

363 Sales, Executory Contracts & Unexpired Leases, Involuntary Petitions, Jurisdiction & Appeals, Lookback Period, Property of the Estate, Real Estate, Subordination & Recharacterization, Subrogation

Lookback Period: Eight Weeks (Part 2)

363 Sales, ABI Reform Commission, Cryptocurrency Issues, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Cramdown, Lookback Period, Secured Claims, Valuation

Lookback Period: Eight Weeks

Involuntary Petitions

Bankruptcy Court Reinforces the Notion That Counting the Number of Eligible Creditors Commencing an Involuntary Case Really Counts

Subordination & Recharacterization

Debt or Equity? Which Circuit? Recent Cases on Equitable Recharacterization

Throwback Thursday

The Seventh Circuit’s Deprizio Doctrine and its Aftermath

Contributor(s)

Andriana
Georgallas

Avoidance Actions

Securitized Loan Payments Safe Harbored Under Section 546(e)

Corporate Governance & Fiduciary Duties, Sponsor/Owner Series

Sponsor/Owner Series: Initial Considerations When Your Company is Heading Toward Distress—Fiduciary Duties and More

Contributor(s)

Andriana
Georgallas

Ronit J.
Berkovich

ABI Reform Commission

Making an Exit, Part I: ABI Commission Recommendations on Chapter 11 Plan Content, Voting and Exit Orders

Arbitration, Chapter 11 Trustees & Examiners, Litigation Issues, Professionals

How to Get a Mediator Appointed in a Bankruptcy Case (Hint: In Some Courts, It’s Easier If She Wasn’t a Bankruptcy Judge)

ABI Reform Commission, Automatic Stay, Executory Contracts & Unexpired Leases, Setoffs

ABI Chapter 11 Reform Commission Series: Shallow Harbors? An In-Depth Look at the Proposed Changes to the Safe Harbor Provisions

ABI Reform Commission

ABI Chapter 11 Reform Commission Series: Small and Medium Sized Debtor Enterprises

Contributor(s)

Drilling Down: A Deeper Look into the Distressed Oil & Gas Industry

Corporate Governance & Fiduciary Duties, Litigation Issues, Third Party Claims

The Cycle of Fiduciary Duties – Owner/Directors of Solvent Companies Owe Fiduciary Duties Only to Themselves

Jurisdiction & Appeals

Can I Borrow Your Cause of Action for a Minute? Derivative Standing in the Seventh Circuit

Avoidance Actions

Where’s the Beef? (Part II)

Chapter 11 Plans, Cramdown, Real Estate

Recent Bankruptcy Court Decision Renews Debate over Artificial Impairment

Contributor(s)

363 Sales, Executory Contracts & Unexpired Leases

363(f) Versus 365(h): A Victory for 363(f), At Least in this Case

Avoidance Actions

Health Insurer to Bankruptcy Trustee: I’d Prefer You Not Avoid That Transfer

Avoidance Actions

Did I Do That? When It Comes to Affiliation, Family Matters. (So, Too, May the Definition of “Corporation.”)

Contributor(s)

Andriana
Georgallas

The Disinterested Creditor: Bankruptcy Court Authorizes Retention of Counsel Despite Prepetition Claim against the Debtor

Chapter 11 Plans, Claims

A Debtor’s Cries for Separate Classification of Garden Variety Unsecured Claim Fall on Deaf Ears

Contributor(s)

Andriana
Georgallas

Corporate Governance & Fiduciary Duties

Plain Vanilla Veil Piercing Still Alive and Well in New York

Avoidance Actions, Claims, Financing

Score One for Federalism – State Law, Recharacterization, and Fraudulent Conveyances in the Ninth Circuit

Avoidance Actions

Benefits from Subchapter S Election Constitute Reasonably Equivalent Value for Dividend Payment by Insolvent Debtor

Jurisdiction & Appeals

Supremely Moot: SCOTUS Denies Challenge to Equitable Mootness Doctrine and Second Circuit’s Charter Communications Decision

Chapter 11 Plans, Cramdown, Jurisdiction & Appeals

Seventh Circuit Holds That Absolute Priority Rule Is Still…Absolute

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

Avoidance Actions, Financing

“Show Me the Money (or Money’s Worth)” — Divided Court of Appeals Finds New Value Defense Protects Surety’s Use of Loan Proceeds

Avoidance Actions

Sour Grapes: This Deal May Have Been Corked But Can’t Be Put Back in the Bottle – Court Rules Fire Sale of Vineyard was Unconscionable but not “Fraudulent”

A Framework for Comity: The Fifth Circuit’s Vitro Decision and the Relationship between Sections 1507 and 1521 of the Bankruptcy Code

Avoidance Actions

But Judge, Operating in the Red was Ordinary Course for this Debtor!

Avoidance Actions

Don’t Mess With Taxes: Court Holds that Debtors’ Payment of Taxes Owed by a Third Party Constitutes “Reasonably Equivalent Value”

Corporate Governance & Fiduciary Duties, Jurisdiction & Appeals

The Creditor of My Affiliate Is…Not my Creditor

Chapter 11 Plans, Plan Solicitation & Voting, Real Estate

It’s Not Bad Faith to Be Friendly: Arizona Bankruptcy Court Rejects Creditor’s Motion to Designate the Vote of a “Friendly” Creditor

Avoidance Actions, Utilities

Safe From Avoidance: Electricity Requirements Contracts

Chapter 11 Trustees & Examiners

Inside the Decision to Appoint an Examiner in ResCap Bankruptcy

Automatic Stay Ruling Previews Court’s Take on Plan Classification

Avoidance Actions

Eleventh Circuit Upholds Bankruptcy Court’s Fraudulent Transfer Ruling in TOUSA

Avoidance Actions

Two Means Two: Delaware Bankruptcy Court Confirms that the Two-Year Look-Back Period for Fraudulent Transfers Is Non-Negotiable

Rules & Procedures

It’s Here! The New Rule 2019 Arrives

Employment, Labor & Employment

Severance Payments as Administrative Expenses? One Court Says, “Don’t Count On It.”

Breaking the Code, Chapter 11 Trustees & Examiners

Section 1104(d) – Appointment of Trustee or Examiner

Chapter 9, Plan Solicitation & Voting, Throwback Thursday

Can They Do That? A Look Back At Precedent for the Bankruptcy Court’s Equitable Powers

Dodd-Frank & Financial Institution Regulation

FDIC Clarifies Provisions of FDIC’s Orderly Liquidation Authority Relating to Preferential and Fraudulent Transfers

Contributor(s)

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

Wrapping up Gifting

Chapter 11 Plans

How Far is Too Far?: An Analysis of the Second Circuit’s Decision Upholding the Designation of DISH Network’s Vote on the DBSD Plan

Chapter 11 Plans, Pre-Filing Considerations

Getting out the Vote: Quigley Court Designates Votes of Creditors Settling Prepetition with Debtor’s Parent

Third Party Claims

In Pari Delicto: Alive and Well in New York

Chapter 11 Trustees & Examiners

Is the Appointment of Examiners in Cases Involving More than $5 Million of Unsecured Debt Mandatory or Discretionary?

Corporate Governance & Fiduciary Duties

Thornburg Mortgage Case Highlights Risks Presented by Potential Conflicts