Directors and officers of financially distressed companies often face complicated, high-pressure decisions in fulfilling their fiduciary duties. For years, practitioners, legal scholars a...
This second edition of The International Insolvency Review once again offers an in-depth review of market conditions and insolvency case developments in a number of key countries. Buil...
On December 8, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 released its Final Report and Recommendations. The American Bankruptcy Institute organized th...
COMMENTARY
By MARSHALL HUEBNER
If you could make one change to the bankruptcy code, what would it be?
As many commentators have noted, bankruptcy has become very litigious. Much of this i...
Articles & Books
American Bankruptcy Institute Journal, January 2014
Being deemed an “insider” has important ramifications for creditors in bankruptcy. For example, the otherwise-applicable 90-day preference period expands to one year for insiders. Whe...
In an opinion entered on November 17, 2014, Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York held that Suntech Power Holdings Co., Ltd...
Following a recent line of high profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor’s bankruptcy, the U.S. Bankruptcy Cou...
COMMENTARY
BY MARSHALL HUEBNER
When a company files for Chapter 11 protection a second, third or even fourth time, who’s to blame?
As is true of a company’s initial Chapter 11 filing,...
On September 29, 2014, in Czyzewski v. Sun Capital Partners, Inc.(In re Jevic Holding Corp.), the United States District Court for the District of Delaware issued a decision holding that ...
In the wake of the recent Momentive ruling on cramdown plan confirmation (discussed in our recent client memorandum
), on September 30, 2014, the bankruptcy court also rejected the senior...
