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Can't You Hear Me Knocking? The Dreaded Preference Demand

You are in your office finishing your morning espresso when you receive an email from the CFO of your companies' U.S. subsidiary. Attached to the email is a letter from a U.S. law firm. Instinctively, you know this can't be...more

4/9/2013 - CFOs Chapter 11 Debtor-Creditor Subsidiaries

“Neither a borrower nor a lender be”

Originally published in eurofenix - Winter 2012/2013. David Conaway looks at alternative sources of working capital in US and Canadian insolvencies. It has been reported that Wal-Mart, the world’s largest retailer...more

1/10/2013 - Capital Markets Chapter 11 Global Economy Insolvency Loans Trade Credit Wal-Mart

Bankruptcy Law: Tousa Update - June 2012

We reported to you in detail about the Tousa Bankruptcy Court decision in November, 2009 which found payments to lenders and the grant of associated liens were avoidable as fraudulent conveyances. The impacted Tousa lenders...more

6/18/2012

Supply Contract Trumps Preference

Almond Products, Inc. A Supply contract may be an absolute defense to a preference claim. A supply contract is an “executory contract”, a bankruptcy term meaning a contract where both parties to the contract owe material...more

6/8/2012

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method...more

5/28/2012 - Accredited Investors Crowdfunding Dodd-Frank Emerging Growth Companies EPA FINRA Fracking JOBS Act SEC

Setoff a 100% Solution

Setoff a 100% Solution...more

10/25/2011

Chapter 15: International Bankruptcy:

Chapter 15: International Bankruptcy: Foreign Debtors Get Green Light to Sue U.S. Companies...more

9/8/2011

Sale of the Century-5 Days in September

In September 2008 Lehman Brothers Holdings Inc. and Lehman Brothers Inc. (collectively, “Lehman”) sold their historically coveted brokerage business to Barclays Capital Inc. Many believe the sale was necessary to prevent a...more

11/11/2010

Sale of the Century-Five Days in September

In September 2008 Lehman Brothers Holdings Inc. and Lehman Brothers Inc. (collectively, “Lehman”) sold their historically coveted brokerage business to Barclays Capital Inc. Many believe the sale was necessary to prevent a...more

11/11/2010

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