Bankruptcy Trends

Commentary: Municipal Bankruptcy, Atlantic City and Other Games of Chance

05/24/16

Atlantic City, N.J., is in the midst of a financial crisis that has been in the making for years. Increased competition and a host of unfortunate spending and hiring decisions have led to a state of affairs that currently features the nation’s highest home foreclosure rate, junk bond credit status an alarmingly large budget deficit. More recently, public officials have fought whether schools should be funded at the expense of shutting down city government, or vice versa, as if either would be an acceptable outcome.

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Colleges Continue to Return Tuition Money in Bankruptcy Fights

04/19/16

[wsj-responsive-image P="//si.wsj.net/public/resources/images/BN-NP848_colleg_P_20160419111258.jpg" J="//si.wsj.net/public/resources/images/BN-NP848_colleg_J_20160419111258.jpg" M="//si.wsj.net/public/resources/images/BN-NP848_colleg_M_20160419111258.jpg" caption="In this May 10, 2014, file photo, a graduate of Northwest Florida State College wears her cap during commencement in Niceville, Fla." credit="Associated Press/Northwest Florida Daily/Nick Tomecek" placement="Inline" suppressEnlarge="false" ]

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Commentary: There Are No Unencumbered Assets in Texas

04/19/16

Six years ago, in an otherwise unremarkable opinion, a court in Texas undermined one of the fundamental concepts embedded in the statute of frauds and deprived unsecured creditors of millions of dollars in value that would otherwise have been available to them. Nobody noticed—until now.

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Commentary: Are Chapter 11 Valuations Unfair? The Data Say No

04/12/16

One of the most contentious parts of bankruptcy is determining the value of the company filing for chapter 11. In fact, the valuation process was a major focus of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11, and many of the commission’s proposals were based on the perception that bankruptcy valuations are systematically skewed toward undervaluing debtors.

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Encina Business Credit Looks to Fill the Void for Distressed Retailers

04/05/16

[wsj-responsive-image P="http://si.wsj.net/public/resources/images/BN-NG711_MONETj_P_20160325144543.jpg" J="http://si.wsj.net/public/resources/images/BN-NG711_MONETj_J_20160325144543.jpg" M="http://si.wsj.net/public/resources/images/BN-NG711_MONETj_M_20160325144543.jpg" credit="Susana Gonzalez/Bloomberg News" placement="Inline" suppressEnlarge="false" ]

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The Examiners: Courts Have the Tools to Keep Claims Trading in Check

02/23/16

Overall, does claims trading help or hinder the chapter 11 process? Should additional disclosures be required?  

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The Examiners: Claims Traders’ Motivations Irrelevant

02/19/16

Overall, does claims trading help or hinder the chapter 11 process? Should additional disclosures be required?  

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The Examiners: Long History Backs Up Role of Claims Trading in Bankruptcy

02/19/16

Overall, does claims trading help or hinder the chapter 11 process? Should additional disclosures be required?  

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The Examiners: Increasing Disclosures Would Chill Claims Trading

02/18/16

Overall, does claims trading help or hinder the chapter 11 process? Should additional disclosures be required?  

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The Examiners: Beware Over-Disclosure in Claims Trading

02/18/16

Overall, does claims trading help or hinder the chapter 11 process? Should additional disclosures be required?  

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