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The latest insolvency news to read, watch and share.

  • Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.

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  • Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

    Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

    Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

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  • Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    [...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”

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  • Private Equity Has a Retail Problem

    Private Equity Has a Retail Problem

    Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.

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  • Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    High court to decide whether a false oral statement about one asset results in nondischargeability.

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  • In re Haler

    In re Haler

    Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.

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  • December Commercial Chapter 11 Filings 2007-17

    December Commercial Chapter 11 Filings 2007-17

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  • Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

    Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

    Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.

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  • Kramer v. Mahia

    Kramer v. Mahia

    The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.

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  • Making Chapter 12 More Viable for Family Farmers

    Making Chapter 12 More Viable for Family Farmers

    Chapter 12 filing rates have been far below those of chapter 13 and chapter 11, even during periods of increased overall bankruptcy filings, suggesting that chapter 12 might be underutilized.

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  • 2018 Annual Spring Meeting

    2018 Annual Spring Meeting

    Washington, D.C. ~ April 19 - 22, 2018

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  • December Commercial Bankruptcy Filings 2007-17

    December Commercial Bankruptcy Filings 2007-17

    December Commercial Bankruptcy Filings 2007-17

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  • New Publication: Consumer Bankruptcy (4th Edition)

    New Publication: Consumer Bankruptcy (4th Edition)

    ABI's essential guide to all aspects of consumer bankruptcy practice, updated with relevant case references and recent court decisions. Available for purchase at store.abi.org.

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  • Why Marijuana Assets May Not Be Administered in Bankruptcy

    Why Marijuana Assets May Not Be Administered in Bankruptcy

    The Executive Office for U.S. Trustees sounds off on what happens when marijuana businesses file for bankruptcy relief.

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  • Management Incentive Plans Under a Microscope

    Management Incentive Plans Under a Microscope

    Finding agreement on MIPs can be among the most daunting obstacles toward building consensus around a restructuring plan. This article provides a brief overview of the key elements of MIPs.

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  • Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    International companies are increasingly using chapter 15 of the U.S. Bankruptcy Code to implement cross-border restructurings.

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  • New Publication: A Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy

    New Publication: A Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy

    New guide offers insight into why businesses fail, the FDCPA, relevant chapters of the Bankruptcy Code and much more. Available for purchase at store.abi.org.

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  • BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

    BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

    ‘Stay and pay’ may not be permissible, but the remedies can be toothless.

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  • Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.

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  • If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority rule. Litigation finance can help when there are insufficient assets to satisfy creditors.

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  • New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

    New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

    ‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

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