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    Ya Gotta Have [Good] Faith: Court of Appeals for the Ninth Circuit Holds That in the Context of Plan Voting, a Bad Faith Showing Requires More Than a Negative Impact on Creditors
    2018-07-09

    When it comes to voting on a plan, Section 1126(e) of the Bankruptcy Code provides that a bankruptcy court may designate (or disallow) the votes of any entity whose vote to accept or reject was not made in “good faith” (a term that is not defined in the Bankruptcy Code).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, Ninth Circuit
    Authors:
    Fredric Sosnick , Joel Moss , Solomon J. Noh , Ned S. Schodek
    Location:
    USA
    Firm:
    A&O Shearman
    Bankruptcy Court Rules Section 327 Inapplicable to Certain Management Consultant Retentions
    2018-07-09

    Section 327(a) of the Bankruptcy Code imposes restrictions on the employment of professionals to assist a trustee, requiring that such professionals “not hold or represent an interest adverse to the estate” and be “disinterested persons.” Section 363(b) permits the trustee, after notice and a hearing, to “use, sell, or lease, other than in the ordinary course of business, property of the estate,” and does not impose restrictions on employment comparable to those of section 327(a).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    A Rose by Another Name has its Thorns: Don't Get Stuck in Chapter 11 When a Sales Contract is deemed an Executory Contract
    2018-07-10

    Companies sell goods or provide services to customers usually on two bases: (1) purchase orders and invoices with references to terms and conditions, or (2) a written sales or supply agreement.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Shumaker Loop & Kendrick
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    New Delaware Chapter 11 Filing - Ritchie Risk-Linked Strategies, L.L.C.
    2018-06-29

    Ritchie Risk-Linked Strategies, L.L.C., an investment company headquartered in Newark, Delaware, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-11555). The Petition estimates Ritchie Risk’s assets and liabilities to both be between $10 – $50 million.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable
    2018-06-29

    Ground leases are fairly common but sometimes overlooked property interests. A succinct but adequate definition of a ground lease was articulated by Herbert Thorndike Tiffany (Tiffany on Real Property § 85.50 [3d ed.]) as follows:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, BakerHostetler, Beneficial ownership, Title insurance
    Authors:
    Eben P. Clark
    Location:
    USA
    Firm:
    BakerHostetler
    Second Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code
    2018-06-29

    Recently, in Anderson v.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Class action, Second Circuit
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Kevin M Davis
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Upon Further Review, Ninth Circuit Finds No Flag On the Play - Creditor Allowed to Block Tackle a Cram-Up Plan Following Claims Purchases
    2018-06-29

    Weil Summer Associate David Rybak contributed to this post

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, US House Committee on the Judiciary, Ninth Circuit, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    eSignature and ePayment News and Trends
    2018-06-29

    Happy National ESIGN Day! Eighteen years ago this week, Congress passed the Electronic Signatures in Global and National Commerce Act, ensuring the legal validity of contracts entered into using electronic signatures and records. National ESIGN Day was established by Senate Resolution 576 and House Concurrent Resolution 290 on June 30, 2010.

    A fact of business today is that customers – both consumers and other businesses – and employees expect to transact digitally. To remain competitive, companies find themselves increasing their efforts to digitally transform their businesses.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, DLA Piper, Blockchain, Big data, Cryptocurrency, Electronic signature, Distributed ledger, Initial coin offering, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Americans with Disabilities Act 1990 (USA)
    Authors:
    Margo H. K. Tank , David Whitaker , Andrew Grant
    Location:
    USA
    Firm:
    DLA Piper
    Investors Beware: Exercising Care When Purchasing Bankruptcy Claims
    2018-07-02

    Claims trading has become increasingly commonplace in today’s bankruptcy cases, typically with little need for policing by the courts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Private equity, Due diligence, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware
    Authors:
    Nancy A. Peterman , John D. Elrod
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Unique challenges for commercial landlords posed by large-scale retailer bankruptcies
    2018-07-02

    (Excerpted from “Retail Bankruptcies – Protections for Landlords,” Practical Law Journal, May 2018, by Lars Fuller)

    Due to increasing competition from online sellers, recent years have seen a dramatic uptick in Chapter 11 bankruptcy filings by multistate brick-and-mortar retailers – some that have dozens, or even hundreds, of storefronts. These bankruptcies create challenges for the commercial landlords that own the shopping centers, malls and other establishments that those retailers rented.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, BakerHostetler, Bankruptcy
    Authors:
    Lars Fuller
    Location:
    USA
    Firm:
    BakerHostetler

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