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BKY Cases and Plans


November 12, 2017

Fraudulent Transfer Remedies – How Much is Enough?

Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP


October 23, 2017

Unsecured Creditors Prevail Against the UCC-1

Allen D. Wilen, CPA/CFF, CFA, CIRA, CTP, EisnerAmper LLP
William Pederson, CPA/ABV/CFF, CIRA/CDBV, CFE, EisnerAmper LLP


August 28, 2017

Battling Bankrupt Bargains – A Non-Debtor Perspective on Executory Contracts

David S. Lorry of Versa Capital Management, LLC
Robert S. Brady, Esq. of Young Conaway Stargatt & Taylor, LLP[1]


mong the most powerful and best known tools the Bankruptcy Code provides a debtor is the ability to reject burdensome contracts or to assume (and potentially assign) valuable contracts. From the perspective of non-debtor counterparties to such contracts, it may seem that the Bankruptcy Code stacks the deck against them. The well-publicized spike in retail bankruptcy cases has highlighted the treatment of leases of non-residential real property (i.e., store leases).

July 10, 2017

CHAPTER 15: A CONCISE OVERVIEW


June 5, 2017

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


April 17, 2017

Can an Executive Exert Control of Corporate Attorney-Client Privilege?

By Russell C. Silberglied[1]


October 24, 2016

Dealing With Distress For Fun & Profit – Installment #13 – The Priority Scheme of Bankruptcy

By George Kuney and Jonathan Friedland


September 26, 2016

Netflix Barred by Bankruptcy Plan of Relativity From Streaming Films Before Their Release

By the Editorial Staff of Commercial Bankruptcy Litigation


July 26, 2016

Avoid Leaving Money on the Table: Potential Traps for Over-Secured Creditors Under Section 506(b)

  • Mark M. Maloney
  • King & Spalding LLP
  • mmaloney@kslaw.com
  • 404 572 4857
  • Thad Wilson
  • King & Spalding LLP
  • thadwilson@kslaw.com
  • 404 572 4842

July 12, 2016

Transparency Is Key


  • by Tricia L. Schwallier
  • Sugar Felsenthal Grais & Hammer LLP
  • 30 North LaSalle Street, Suite 3000 Chicago, Illinois 60602
  • 312-704-2175
  • Tschwallier@sugarfgh.com

February 17, 2016

Dealing With Distress For Fun & Profit – Installment #9 – Secured Creditors & Chapter 11

by George Kuney and Jonathan Friedland


February 16, 2016

Dealing With Distress For Fun & Profit – Installment #8 –  What Every Secured Creditor (And Its Lawyer) Should Know About Chapter 11

by George Kuney and Jonathan Friedland


February 15, 2016

Dealing With Distress For Fun & Profit – Installment #7 –  Plan Confirmation

by George Kuney and Jonathan Friedland


January 4, 2016

Dealing With Distress For Fun & Profit – Installment #6 – The Mundane Middle of A Bankruptcy Case

by George Kuney and Jonathan Friedland


December 21, 2015

Dealing With Distress For Fun & Profit – Installment #5– A Peek Into Some Basic Chapter 11 Concepts

by George Kuney and Jonathan Friedland


December 14, 2015

Dealing With Distress For Fun & Profit – Installment #4 – The Lifecycle of a Distressed Company

by George Kuney and Jonathan Friedland


November 30, 2015

Dealing With Distress For Fun & Profit – Intallment #3 – The Landscape

by George Kuney and Jonathan Friedland


November 16, 2015

Dealing With Distress For Fun & Profit – Installment #2 – Dramatis Personae

by George Kuney and Jonathan Friedland


November 9, 2015

Dealing With Distress For Fun & Profit – Installment #1 – Some Basics

by George Kuney and Jonathan Friedland


April 27, 2015

BEST OF THE BANKRUPTCY BLOGS - Who Owns this Social Media Account?

From the Editorial Staff of Commercial Bankruptcy Litigation


March 13, 2015

Golf is a Crazy Game

  • Jason B. Hirsh
  • Levenfeld Pearlstein, LLC
  • Chicago, Illinois

October 24, 2014

What Else Can a Creditors Committee Do? Maybe Reap $1.5 Billion for Unsecured Creditors (Lender Beware)

From the Editorial Staff of Commercial Bankruptcy Litigation


October 7, 2014

Getting Over the Scariness of Filing an Involuntary Bankruptcy Petition

William Barrett
Barack Ferrazzano Kirschbaum & Nagelberg, LLP
Chicago, Illinois
(312) 629-5170
william.barrett@bfkn.com


August 21, 2014

KUNEY'S CORNER The Many Fates of Intercreditor Agreements: Ignored in a Cramdown, Or Enforced Because Well-Drafted and Not Contrary to Bankruptcy Policy, or What?

George W. Kuney
University of Tennessee
College of Law
Knoxville, Tennessee
(865) 974-2500
gkuney@utk.edu


August 6, 2014

RECOMMENDED READING: What Can a Creditors Committee Do? Prevent the DIP Lender From Making Off With Assets That Could Help Pay Unsecured Creditors

The Editorial Staff of Commercial Bankruptcy Litigation


July 15, 2014

RECOMMENDED READING: On a Failed Attempt to Leave Billions of Environmental and Pension Liabilities in Moribund Old Corp, while Splitting off the Best of Old Corp Into a New Entity

From the Editorial Staff of Commercial Bankruptcy Litigation


May 28, 2014

KUNEY'S CORNER Cramming Down a Chapter 11 Plan by Giving Secured Creditor Substitute Collateral

  • George W. Kuney
  • University of Tennessee College of Law
  • Knoxville, Tennessee
  • (865) 974-2500
  • gkuney@utk.edu

March 12, 2014

KUNEY’S CORNER Cram Down: An Impaired Class of Claims Says “No” But the Plan is Confirmed Anyway

  • George W. Kuney
  • University of Tennessee College of Law
  • Knoxville, Tennessee
  • (865) 974-2500
  • gkuney@utk.edu

 


April 24, 2013

When Your Tenant Files for Bankruptcy

  • Paul R. Hage
  • Jaffe Raitt Heuer & Weiss, P.C.
  • Southfield, Michigan
  • (248) 351-3000
  • phage@jaffelaw.com

This blog entry provides a basic overview for issues facing a landlord of commercial real property when its tenant becomes a debtor, by starting a bankruptcy case under chapter 11 of the United State Code (the “Bankruptcy Code”). A given case may present other or additional issues (and timelines), due to the nature of the case or orders of the bankruptcy court.

April 24, 2013

When Your IP Licensor Files for Bankruptcy

  • Jonathan Guy
  • Orrick, Herrington & Sutcliffe LLP
  • Washington, District of Columbia
  • (202) 339-8519
  • jguy@orrick.com

April 24, 2013

When Your Customer Files for Bankruptcy

  • Aaron L. Hammer
  • Michael A. Brandess
  • Sugar Felsenthal Grais & Hammer LLP
  • Chicago, Illinois
  • (312) 704-9400
  • ahammer@sugarfgh.com
  • mbrandess@sugarfgh.com

April 24, 2013

When Your Borrower Files for Bankruptcy (DIP Financing, Cash Collateral, and Adequate Protection)

  • Michael P. Richman
  • Hunton & Williams LLC
  • New York, New York
  • (212) 309-1015
  • mrichman@hunton.com