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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.