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    Taking the Stress Out of Distress for U.S. Retailers
    2017-03-31

    Despite the downturn in the retail industry, retailers should not automatically adopt a "glass half empty approach" but instead view the impending cycle as creating opportunities for companies in both the U.S. and globally. In recent months, a steady stream of analyst coverage has painted a bleak outlook for the retail industry. Between February and March 2017, BCBG Max Azria, Eastern Outfitters, hhgregg, Gander Mountain, and Gordmans were among the companies added to the long list of retailers to seek bankruptcy protection.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Wage, Retail, Liquidation, Investment funds, Leverage (finance)
    Authors:
    Andrew J. Schoulder
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Preliminary Injunctions in Bankruptcy Courts: Can a Litigant Get a Second Opinion?
    2016-11-27

    District courts can hear an appeal from any interlocutory order, as long as they agree to accept the appeal. 28 U.S.C. § 158(a)(3). Final judgments, orders and decrees are always immediately appealable. 28 U.S.C. § 158(a)(1). Certain interlocutory orders, such as orders increasing or reducing the exclusive time periods for a debtor to file and obtain acceptance of a plan for reorganization under Chapter 11 are also immediately appealable. 28 U.S.C. § 158(a)(2).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Little Airline That Couldn’t
    2016-07-19

    Remember Sabena, the ill-fated Belgian airline that declared bankruptcy in 2001? Well, to quote Ford Madox Ford, this is the saddest story I have ever heard.

    Filed under:
    USA, Aviation, Banking, Insolvency & Restructuring, Trade & Customs, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, Uniform Commercial Code (USA), Office of Foreign Assets Control (USA), Deutsche Bank
    Authors:
    Robert Clifton Burns
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Un-Bankruptcy: A Texas Receivership as an Alternative to Bankruptcy (and fourteen ways to appoint a receiver in The Lone Star State)
    2016-04-11

    Creditors seeking to exercise control over a borrower or collateral may utilize a number of remedies. They may seek a foreclosure or UCC sale, assignment for the benefit of creditors, file an involuntary bankruptcy petition under Section 303 of the Bankruptcy Code (if they hold unsecured claims),[1] or, seek the appointment of a receiver.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Bradley J. Purcell
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Did the Bankruptcy Code save Obamacare?
    2015-07-17

    Over the years, the United States Supreme Court has had to interpret ambiguous, imprecise, and otherwise puzzling language in the Bankruptcy Code, including the phrases “claim,” “interest in property,” “ordinary course of business,” “applicable nonbankruptcy law,” “allowed secured claim,” “willful and malicious injury,” “on account of,” “value, as of the effective date of the plan,” “projected disposable income,” “defalcation,” and “retirement funds.” The interpretive principles employed by the Court in interpreting the peculiarities of the Bankruptcy Code were in full view when the Court r

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Affordable Care Act 2010 (USA)
    Authors:
    Brian C. Walsh
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Play it again Sam–are inherited IRAs protected from creditors in bankruptcy?
    2013-07-01

    When the Fifth Circuit, in a case of first impression for that circuit and all of its sister circuit, last year ruled in In re Chilton, 11-40377, 2012 WL 762924 (5th Cir. Mar. 12, 2012) that inherited IRAs constituted retirement funds within the “plain meaning” of §522 of the Bankruptcy Code and were thus exempt from the bankruptcy estate, under § 522(d)(12) (the federal exemptions), many thought the issue was settled.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Eighth Circuit, Fifth Circuit, Seventh Circuit
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Clear Error They Say! Supreme Court Opines On Standard Of Review For Determining Non-Statutory Insider Status
    2018-03-18

    Last April, we updated you that the Supreme Court had granted review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our most recent post is here.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Transparency Will Help Clean up Pre-packs' Image
    2017-03-31

    Pre-pack administrations are becoming more common. Four Holdings' purchase of Agent Provocateur illustrates the attraction of pre-packs — the ability to cherry-pick the best assets, acquire the goodwill of a well-known business that continues to trade, and retain its key staff without having to take on liabilities to creditors —and why existing management is likely to be supportive.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Liability (financial accounting)
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    For Whom the Bell Tolls: Obligations and Risks of Third-party Witnesses under Rule 2004 Examinations.
    2016-11-27

    Two recent Bankruptcy Court cases both remind and illustrate the power and risks presented by discovery of facts and documents under Bankruptcy Rule 2004, showing that it can compel third parties to provide information to support later litigation against them or cause them to lose their 5th Amendment right against self-incrimination.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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