Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    In re Olsen: A Cautionary Tale Regarding Due Process and 363 Sales
    2017-09-28

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, Due process, United States bankruptcy court
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Vendor Section 503(b)(9) Administrative Priority Claims: When Goods are Received is Critical
    2017-09-28

    Debtors in Chapter 11 proceedings rarely pay unsecured creditors a meaningful dividend on prepetition accounts receivable balances, much less pay them in full. In an era of aggressive lending to place capital in the market, loan to value ratios are high. When a company experiences financial distress or insolvency, unsecured creditors may be “out of the money” from the get-go.

    Filed under:
    USA, Insolvency & Restructuring, Shumaker Loop & Kendrick
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    11th Circuit Applies Totality-of-the-Circumstance Analysis to Judicial Estoppel
    2017-09-29

    On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal casesBarger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), adopting a totality-of-the-circumstances analysis when facing questions of judicial estoppel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Authors:
    David Long, Jr. , Andrew B. Buxbaum , Timothy "Tim" J. St. George
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court to consider statutory safe harbour for debtors' pre-petition securities transactions
    2017-09-29

    Introduction

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Security (finance), Seventh Circuit
    Authors:
    Trevor W. Swett III
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Restructuring Debt Securities
    2017-09-30

    A Primer for Issuer Tender Offers, Debt Exchange Offers, Repurchases and Other Liability Management Matters

    This primer is a one-stop comprehensive guide for any issuer seeking to restructure its non-convertible debt securities outside of bankruptcy. This publication:

    • summarizes the U.S. federal securities laws, rules and regulations that apply to debt restructurings;

    • describes various types of debt restructurings; and

    • discusses various practical considerations arising in debt restructurings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Pillsbury Winthrop Shaw Pittman LLP
    Authors:
    David S. Baxter , Royce Liu , Jason P. Sosnik
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale
    2017-10-02

    The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of "any interest in such property," has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Foreseeable Circumstances - Third Circuit Shuts Down WARN Act Claim After Russian Financing Fails
    2017-10-02

    The Bankruptcy Protector

    Chapter 11 debtors operate under various levels of uncertainty. Often a company is dependent upon others to provide financing or close transactions necessary for the company’s survival. Such was the case of Eclipse Aviation, which filed for Chapter 11 bankruptcy in November 2008, with an (apparent) agreement to sell itself to its largest shareholder.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Class action, Worker Adjustment and Retraining Notification Act 1988 (USA), Third Circuit
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    8th Cir. BAP Holds Lien on Real Property Held in Tenancy by the Entireties Was Avoidable
    2017-10-02

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed a bankruptcy court’s holding that a creditor held an unenforceable lien against a debtor’s real property because the property was owned by the entireties and the lien was thus avoidable under Bankruptcy Code § 522(f)(1). 

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Eighth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bitcoin and Bankruptcy: What You Need to Know about the Value of Bitcoin and Other Cryptocurrencies in Bankruptcy
    2017-10-02

    It is hard to peruse the internet or even mainstream media outlets without hearing about bitcoin. What is this ubiquitous bitcoin? It depends on whom you ask.

    A CNN Money articled defined bitcoin as “a new currency that was created in 2009 by an unknown person using the alias Satoshi Nakamoto.” The IRS has recently defined bitcoin as an “intangible asset” for investors, making it subject to capital gains and loss treatment using the realization method.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Bradley Arant Boult Cummings LLP, Bitcoin, Cryptocurrency
    Authors:
    Erin Jane Illman
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Decision in Ponzi Scheme Case Highlights the Importance of Filing Timely Proofs of Claim
    2017-09-27

    Court decisions about failed Ponzi schemes often make good reading. The fact patterns always involve actual fraud. The illicit schemes give rise to insightful discussions on various legal concepts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 487
    • Page 488
    • Page 489
    • Page 490
    • Current page 491
    • Page 492
    • Page 493
    • Page 494
    • Page 495
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days