Bankruptcy Blogs

The Daily Docket: Altegrity Enters Bankruptcy

02/09/15

Altegrity Inc. filed for Chapter 11 bankruptcy protection Sunday, in a bid to implement a restructuring agreed with its leading creditors. The Wall Street Journal has the Daily Bankruptcy Review article here.

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To Stop Next Crisis, Make S&P Own Up to Fraud in Settlement

02/09/15

An admission of guilt would help investors make informed decisions about the validity of credit ratings and open up the rating business to healthy competition on the basis of quality.

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Morning Scan: HSBC in Hot Water; Follow the Luxury Real Estate Money

02/09/15

Receiving Wide Coverage ...

HSBC Under Fire: HSBC's Swiss unit colluded with wealthy clients including "international criminals" to help them avoid paying millions of dollars in taxes, according to what The Guardian calls "the biggest bank leak in history." The Swiss private bank routinely handed untraceable bricks of cash over to clients and conspired with clients to hide undeclared accounts from tax authorities, according to files from the period between 2005 and 2007 that were obtained...

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RadioShack Pulls the Plug

02/08/15

In an unsurprising move, RadioShack has become the latest retailer to file for relief under Chapter 11 of the Bankruptcy Code.  RadioShack filed on February 5, 2015 along with 17 of its affiliates.  The cases are jointly administered under Case Number 15-10197 and presided over by Judge Shannon.  The emergency first day motion was held on February 6, 2015, and a further first day hearing will occur at 9:30 on February 9, 2015.

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What is the Status of a Tenant’s Rental Obligations While Landlord is in Bankruptcy?

02/08/15

Section 365(d) of the Bankruptcy Code requires the debtor-tenant to satisfy all the terms under the lease during the post petition period until the tenant either rejects the lease, or assumes and assigns it to a third-party.  The landlord’s claim for unpaid rent receives “administrative claim” status, which is a higher priority of claim than many of the other claims against the debtor.  Creditors holding an administrative claim against the debtor will receive payment on their clai

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Puerto Rico – Recovery Delayed?

02/08/15

As Melissa has noted, the district court has ruled that Puerto Rico's Recovery Act is preempted by the Bankruptcy Code, among other things. I want to amplify one point that she made in her post.

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Weekly Wrap: Do Regulators Want to End TBTF or Coddle It?

02/06/15

A recap of the informed opinions (and the discussions they generated) on BankThink this week.

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Shut-Down Gas Driller Is in Bankruptcy to…Reopen?

02/06/15

Bankruptcy lawyers are often hired for the task of shutting down an unsalvageable business.  Earlier this week, Louisiana lawyer Martin A. Schott was hired to resurrect a dead one.

With a bankruptcy judge’s order, Mr. Schott is now in charge of shuttered oil and gas driller EC Offshore Properties Inc., which halted operations off the Louisiana coast in August.

That closure began a countdown on a very important timer: under federal rules, a company that stops drilling on leased land will lose that lease after 180 days of inactivity.

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Forward Motions: Energy Future Fights for Control of its Bankruptcy

02/06/15

Energy Future Holdings Corp. heads to bankruptcy court Tuesday in Wilmington, Del., to defend its right to hang on to exclusive control of its $42 billion bankruptcy until June 23.

The company originally wanted to ward off competing reorganization plans until Oct. 29 but chopped some four months out of its exclusive control period after its request for an extension triggered an open clash among major creditor groups.

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