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The latest insolvency news to read, watch and share.
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Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?
A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.
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Read ArticleIn re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
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The Coming U.S. Farm Crisis
The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.
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Read ArticleCourts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
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Foreclosure Tuesday in Georgia
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
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Read ArticleNinth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
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Read ArticleReverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
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Read ArticleSupreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
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Read ArticleCan You Lose a Licensed Mark in Bankruptcy? Reality and Considerations
Parties can build in protections that reduce the risk of rejection in bankruptcy, including placing the trademarks in a separate bankruptcy protected or remote entity and/or obtaining a lien [...]
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12:33Watch VideoLegal Tech Interview: Thomas Hamilton of ROSS Intelligence
Listen in as Robert Ambrogi discusses artificial intelligence and the impact on the legal and bankruptcy sectors with Thomas Hamilton, VP of Strategy and Operations at ROSS Intelligence.
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10:05Watch VideoLegal Tech Interview: Owen Byrd of Lex Machina
Listen in on an interview about Lex Machina and how artificial intellegence effects your bankruptcy practice.
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15:01Watch VideoLegal Tech Interview: Ed Walters of Fastcase
How can Fastcase puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips? How does Fastcase use AI?
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13:43Watch VideoLegal Tech Interview: Darby Green of Bloomberg Law
Listen in as Robert Ambrogi, discusses artificial intelligence and the impact on the legal and bankruptcy sectors with Darby Green of Bloomberg Law.
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The Effect of Tax Reform on Debt Discharged in Chapter 11
The Tax Cuts and Jobs Act of 2017 may have a significant impact on after-tax cash flow in the years following an emergence from chapter 11.
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Read ArticleApril Total Bankruptcy Filings 2008-18
April total bankruptcy filings from 2008-18.
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Introduction to Consumer Bankruptcy
This introduction to consumer bankruptcy, excerpted from ABI's recent book, covers the basic structure and key points of a consumer debtor case.
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Are Bankruptcy Courts Sanctioned to Sanction?
U.S. bankruptcy judges are statutory creatures under the Constitution. Because they lack attributes of their Article III counterparts, there are always questions about the reach of their authority.
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Read ArticleNon-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
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Music Festival Insolvencies: What Happens When the Music Stops?
How hard could running a music festival be? What could go wrong? As it turns out, plenty. This article focuses on 4 recent festival bankruptcies as case studies.
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Read ArticleTribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
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When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims
Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.
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