Education & Information About Restructuring & Insolvency


The Supreme Court Will Rule on the Breadth of the Bankruptcy Code’s Safe Harbor

June 19, 2017

The Supreme Court is about to take on the Safe Harbor rules in the Bankrupcty Code. The post The Supreme Court Will Rule on the Breadth of the Bankruptcy Code’s Safe Harbor appeared first on Commercial Bankruptcy Litigation.

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An Introduction to Bankruptcy Claims Trading: Part 2

June 12, 2017

Timothy C. Bennett Seyfarth Shaw LLP 620 Eighth Avenue New York, New York 10018 212-218-3386 Tbennett@seyfarth.com   Documenting a Claims Trade    In our previous article, we discussed the claims trading marketplace, focusing on its...

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PUBLIC NOTICE OF SALE: Bankruptcy Sale of Profitable Retail Shopping Centers

PUBLIC NOTICE OF SALE: Bankruptcy Sale of Profitable Retail Shopping Centers

June 12, 2017

See Below for Photos Bankruptcy Auction of Profitable Retail Shopping Centers in IA & WI.  Shopping Centers Offered Individually or Package.  Cedar Mall , 803, 901 & 1003 Kelly St, Charles City, IA and Cedar Mall, 2900 S Main...

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Best Bankruptcy Blogs

eSign & Commercial Finance: A License to Trash the Original Note?

January 26, 2016

Are “electronic document” provisions appearing in your commercial loan documents?  This is the second in a series examining two provisions recently reviewed by me in commercial real estate transactions.   Unfortunately, the two provisions have serious problems: for UCC Article 3 notes, making a copy of it will not clothe the copy with Article 3 protections. Copy & Trash the Original Note: No No & No Electronic...

Preference Actions Filed in Draw Another Circle Bankruptcy

June 16, 2017

On June 15, 2017, Curtis R. Smith, as Liquidating Trustee of the Hastings Creditors’ Liquidating Trust, filed approximately 69 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and and 550 of the Bankruptcy Code.  The Liquidating Trustee also seeks to disallow claims of such defendants under Sections 502(d) and (j) of the Bankruptcy Code. Draw Another...

Unanimous Supreme Court Delivers Direct Blow to "No Platform" Extremists on College Campuses

June 19, 2017

In today's opinion in Matal v Tam, the Supreme Court unanimously (with only Justice Gorsuch abstaining, as the case was briefed and argued during the Obama administration), invalidates the "anti-disparagement" clause of the Lanham Act on First Amendment grounds. Although the 8 justices split, 4-4, on one aspect of the reasoning, all 8 of them agree that the First amendment bars the federal government from conditioning registration of a trademark...

Recent Developments in Practice: New York, Delaware and Singapore

June 2, 2017

This piece was originally published by the International Committee of the American Bankruptcy Institute (ABI).  For more information about the ABI, see http://www.abi.org/.Recent Developments in Practice: New York, Delaware and SingaporeTally M. WienerLaw Offices of Tally M. Wiener, Esq.; New YorkDate Created: Fri, 05/26/2017 - 11:17 2 Weeks before Hanjin Shipping sought protection from its creditors in Korea, I got an unexpected call:...

No Contradiction in Contribution: Tenth Circuit Finds that Bankruptcy Court Approval of Settlement of CERCLA Environmental Claims Does Not Estop Subsequent CERCLA Contribution Claim

April 7, 2017

Overview In Asarco, LLC v. Noranda Mining, Inc., the Tenth Circuit Court of Appeals held that representations made to the bankruptcy court that the Debtor’s settlement of environmental claims reflected only the Debtor’s share of the cleanup costs did not judicially estop the Debtor from brining a contribution claim against another potentially responsible party for those same costs. Background Asarco, LLC (“Asarco”)...

Millenium Lab Holdings – Ruling on Third Party Releases Highlights Continuing Constitutional Questions Regarding Power of Bankruptcy Courts

May 16, 2017

In Millenium Lab Holdings, Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional authority to release claims against non-debtor third parties under the plan.  Judge Stark’s opinion demonstrates the extent to which the constitutional questions raised by the Supreme Court six years ago in Stern...

Orrick Assists in the Restructuring of Leading French Digital Media Group SoLocal

March 17, 2017

Orrick assisted GLAS Trust Corporation Limited in the recent financial restructuring of SoLocal Group S.A., the leading French provider of digital local media and marketing. The main creditors involved were the lenders of around €835 million in senior secured bank debt and the holders of €350,000,000 8.875% senior secured notes due 2018 (the “Notes”). The restructuring agreed between the company, its shareholders and its...

Dodd-Frank's "Abusive" Standard: The Dog that Didn't Bark

June 20, 2017

The Trump Treasury Department's Dodd-Frank Act report spends more pages on the CFPB (including mortgage regulation) than on any other issue.  There's a whole bunch of blog posts that one could write about the Treasury report, but I want to limit myself here to one item that has long been on the GOP/industry complaint list about the CFPB:  that its power to proscribe "abusive" acts and practices is a problem because the term "abusive" is...

Delaware Organizational Meeting – The Original Soupman, Inc.

June 22, 2017

Upcoming Committee Formation Meeting:  Tuesday, June 27, 2017, 10:00am Case Name: 17-11313 (LSS) Location: Office of the US Trustee 844 King Street, Room 3209 Wilmington, DE 19801 Notice of Formation Meeting for Official Committee of Unsecured Creditors can be found here.  See the voluntary petitions for relief and the press release. Contact Norman L. Pernick and Nicholas J. Brannick for more information.



Be Careful What You Ask For: The Unintended Consequences of Creditor Remedies in Bankruptcy Cases

June 5, 2017

by Thomas J. Salerno, Esq. and Paul M. Hoffman, Esq.   To anyone practicing bankruptcy law more than a month, the scenario of a lender secured by a lien against real property, as well as an assignment of rents (“AOR”) is pretty...

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Dealing With Distress for Fun & Profit – Installment #16 – Super and Residual Priorities

Dealing With Distress for Fun & Profit – Installment #16 – Super and Residual Priorities

May 22, 2017

by Michael Brandess and Luke Smith[1]   This series was started (click here to start reading from the beginning) with a broad overview of business bankruptcy, but our last few installments have focused on: unsecured creditors...

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Beneath the Surface: Finding Truth in Income Statements

Beneath the Surface: Finding Truth in Income Statements

May 15, 2017

An income statement, one component of a set of financial statements, provides a snapshot of a company’s profitability over a specific period of time by deriving net income from sales. While an income statement may help its user obtain a general...

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