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Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail [Video]

by Bloomberg Law on 5/23/2013

May 23 (Bloomberg Law) -- While failed law firms make for notoriously difficult bankrupty cases, Dewey & LeBoeuf's time in bankruptcy court was quicker and easier than other notable law firms. Joe Samet, head of restructuring...more

I need to file bankruptcy, but I WANT to pay certain people!

by Malcolm Ruthven on 5/13/2013

Many people who need to file bankruptcy also want to pay certain people or businesses, particularly if they have a personal relationship with them. Wanting to pay family members and friends is very common, as is the desire to...more

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

by David Conaway | Shumaker, Loop & Kendrick, LLP on 4/9/2013

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

When Lenders are the Losers in Bankruptcy Court...Well, Not so Fast

by Krystyna Blakeslee | Dechert LLP on 3/1/2013

Last October, I wrote about a scheme employed, in three separate bankruptcy cases, by debtors seeking to evade the absolute priority rule in order to keep the real property owned by the debtor in the hands of the ‘family’ at...more

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

by Jennifer Wertz | Jackson Walker on 2/12/2013

The question of whether electricity qualifies as a "good" under the Bankruptcy Code's administrative priority provisions has sparked varied rulings from bankruptcy courts. The recent case of In re Southern Montana Electric...more

In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration

by Michele Maman, Michael Stevens | Cadwalader - Financial Restructuring on 2/4/2013

On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,...more

Sixth Circuit Holds That Mortgage Foreclosures Are Debt Collections Under The FDCPA

by BuckleySandler LLP on 1/25/2013

On January 14, the U.S. Court of Appeals for the Sixth Circuit held that mortgage foreclosures are debt collections under the FDCPA. Glazer v. Chase Home Finance LLC, No. 10-3416, 2013 WL 141699 (6th Cir. Jan. 14, 2013). The...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/16/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Catching Up on Chapter 11 Reform ... ABI Commission Enters Second Year

by Robert Keach | Bernstein Shur on 1/16/2013

Originally published in ABL Advisor on 1/15/2013. As co-chairs of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 (ABI Commission), we are proud to note that the ABI Commission is...more

Fourth Circuit Holds State Auto Debt Cancellation Requirements Not Preempted For Certain Assigned Loans

by BuckleySandler LLP on 1/15/2013

On December 26, the U.S. Court of Appeals for the Fourth Circuit held that federal law does not preempt Maryland’s debt cancellation requirements for an auto retail installment sales contract (RISC) when a national bank is...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/15/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Symptoms of Student Loan Crisis Reveal Bubble About to Burst [Video]

by LXBN on 1/15/2013

Nowadays, it seems as though people are looking for the next bubble to burst just as much as they’re looking for “the next big thing.” Well, we may have it in the student loan crisis—the latter that is. As young professionals...more

What’s In A Name: In California, Borrowers May Be Liable For Purely Innocent “Bad Faith” Waste

by Ella Gower, Kenneth Styles | Miller Starr Regalia on 1/11/2013

The phrase “bad faith” has been defined as, “intention to deceive; treachery or dishonesty”. When most attorneys hear the phrase “bad faith,” they think of tort claims against insurance companies (“bad faith litigation”) or...more

New Law Aims To It Easier To Levy On Bank Accounts

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/4/2013

Last year, the Consumer Financial Services Committee of the Business Law Section of the California State Bar sponsored AB 2364 (Wagner). This bill, which took effect on Tuesday, is intended to simplify the process for levying...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

by Thomas Curtin, Douglas Mintz | Cadwalader - Financial Restructuring on 1/3/2013

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

The Magic of The “Automatic Stay”: Part 1

by Win Mims | Jeff Field & Associates on 1/2/2013

For me, the keystone or centerpiece of all of the interacting parts of the Bankruptcy Code is the automatic stay. The stay is the fundamental shield available to our clients who file for relief from creditors in a Chapter 7...more

The Time is Now…

by John Skiba on 1/2/2013

Here we are. New year. If you are like me you look back and evaluate whether or not you met last year’s goals. And if you are like me you didn’t reach some of your goals. If you are still dealing with the same debt you...more

THQ Goes Down

by Derek Allen | Winthrop & Weinstine, P.A. on 12/28/2012

As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

by Sheppard Mullin Richter & Hampton LLP on 12/26/2012

The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB...more

2012 Year In Review – Part 1

by Peter M. Friedman, Douglas Mintz, Joseph Zujkowski | Cadwalader - Financial Restructuring on 12/24/2012

In This Issue: - March 9, 2012: Publication of Dynegy Examiner’s Report - March 29, 2012: SDNY Rules That 363 Sales May Not Be Free and Clear of Future Claims - May 15, 2102: Eleventh Circuit Rules in...more

Best Buy Bankruptcy Ahead?

by James W. Burke, Jonathan P. Guy | Orrick, Herrington & Sutcliffe LLP on 12/24/2012

In November 2008, Circuit City filed for bankruptcy protection. Circuit City had the same business model as Best Buy: selling electronic equipment in large retail stores. Other retailers with that business model are...more

Bankruptcy Law Update - December 2012

by Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure | Pullman & Comley, LLC on 12/21/2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 12/21/2012

With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United...more

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

by Scott St. Amand | Rogers Towers on 12/21/2012

Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its effects on domestic and foreign creditors. Beyond the Chapter 15 context, however, the court of appeals in In re...more

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Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail [Video]

I need to file bankruptcy, but I WANT to pay certain people!

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

When Lenders are the Losers in Bankruptcy Court...Well, Not so Fast

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration

Sixth Circuit Holds That Mortgage Foreclosures Are Debt Collections Under The FDCPA

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Catching Up on Chapter 11 Reform ... ABI Commission Enters Second Year

Fourth Circuit Holds State Auto Debt Cancellation Requirements Not Preempted For Certain Assigned Loans

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Symptoms of Student Loan Crisis Reveal Bubble About to Burst [Video]

What’s In A Name: In California, Borrowers May Be Liable For Purely Innocent “Bad Faith” Waste

New Law Aims To It Easier To Levy On Bank Accounts

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

The Magic of The “Automatic Stay”: Part 1

The Time is Now…

THQ Goes Down

Top 5 Bankruptcy Blog Posts of 2012

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

2012 Year In Review – Part 1

Best Buy Bankruptcy Ahead?

Bankruptcy Law Update - December 2012

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail [Video]

Symptoms of Student Loan Crisis Reveal Bubble About to Burst [Video]

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