Practitioners generally identify “excusable neglect” as the standard that bankruptcy courts apply in determining whether to allow a creditor’s untimely proof of claim. A creditor who lets the bar date pass finds itself in the undesirable position of having to persuade the bankruptcy court that its neglect to file a timely proof of claim was excusable.

“I’m inconsistent, even to myself.”

-Bob Dylan

Last June we covered the U.S. Supreme Court’s decision in Baker Botts LLP v.

The Bankruptcy Blog previously published an extensive guide to evaluating and purchasing director and officer (”D&O”) liability insurance for individuals at the helm of troubled companies.  But what happens when a policy is in place and the directors and officers seek to obtain the proceeds of that policy to cover defense costs or related expenses? 

Finding out you missed an important deadline is the stuff nightmares are made of.  Even more so for attorneys, where letting a court imposed deadline pass without taking the requisite action may substantially hinder the rights of clients.  In 

“Once again, I’m not quite sure what that means.” – Bobby Boucher, The Waterboy

Cases analyzing rights under indentures – and the transactions holders and issuers contemplate (or not) under indentures – continue to gain attention in the restructuring world.  Some of those cases involve section 316(b) of the Trust Indenture Act (see our own blog’s recent posts) and payment rights under indentures.  Others, such

Providing notice to creditors of actions that could affect their interests is one of a debtor’s most important responsibilities.  Absent proper notice, relief requested by a debtor that may be warranted could nonetheless be denied.  Indeed, the Federal Rules of Bankruptcy Procedure set out pages and pages of rules regarding the time periods, form, and content of notices that a debtor, among others, must follow.  As the United States Bankruptcy Court for the District of Colorado recently reminded us in the 

“Startin’ to feel like there’s nothin’ left to talk about but the, money, money

Bill collectors keep comin’ . . . to get money, money”

-Curtis James Jackson, III – “Money”

Seeking to recharacterize a debt claim as an equity contribution to the debtor through the equitable powers of the bankruptcy court (something we’ve written about quite a bit in our blog) is one way to reduce creditor claims against the bankruptcy estate, but only in certain circuits.