Commercial Restructuring & Bankruptcy Alert - March 2012


In this issue:

- Foreclosures in New Jersey

- Substantive Rights' Not Assignable, Intercreditor Voting Rights Assignment Nullified

- Offshore Bankruptcy-Remote Entity is Not Bankruptcy-Proof; Trust Indenture Voting

- Requirement Overridden in Involuntary Bankruptcy Case

- Delaware Supreme Court Holds Creditors of Insolvent LLCs Do Not Have Derivative Standing

- Successor Liability - Does it Survive a Section 363(f) Sale?

- Free-and-Clear Asset Sales Price Must Exceed Outstanding Debt to Satisfy Section 363(f)(3)

- Court Finds Indirect Upstream Owner Exercised De Facto Control, Warrants Liability for WARN Act Notice Violation

- Creation of Artificially Impaired Class to Approve Cram-Down Plan is Not Per Se Impermissible

- Tenth Circuit Holds Automatic Stay Applies to Debtor's Appeal of Pre-Petition Action Against It, Joining Most Other Circuits

- Corporate Synergy Among Related Debtors Key to Finding Conferral of Economic Benefit in Fraudulent Transfer Action

- Federal Courts Jurisdiction and Venue Clarification Act of 2011

- Counsel's Corner: News From Reed Smith

Please see full newsletter below for more information.

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