News Topic: Business Bankruptcy Issues

It's well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article

As mentioned in a recent blog post, the American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11 . A video of testimony before the Commission's June 4, 2013 field hearing in New York is available below. ... Read full article

The American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11 . ... Read full article

I have written a number of times on the blog about the impact of bankruptcy on trademark licenses , in particular what happens to trademark licensees whose licensors file bankruptcy. Trademark licensees face a real risk of losing their license rights in ... Read full article

In bankruptcy, prepetition loans made by insiders are often investigated, and sometimes challenged, by debtors, creditors' committees, or trustees. ... Read full article

The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring  group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article

Last week, the U.S. Court of Appeals for the Seventh Circuit addressed whether a buyer of assets outside of bankruptcy (in this case, from a receivership), takes on successor liability for federal Fair Labor Standards Act  ("FLSA") claims made ... Read full article

As discussed in an earlier post called " Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013 ," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April ... Read full article

A Difficult Problem . Imagine that your company is facing a government investigation, requiring you to spend hundreds of thousands of dollars in legal fees and costs, while being threatened with substantially more legal expense. That financial burden is ... Read full article

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the changes on this Federal Register page , which ... Read full article

The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring  group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article

On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC , and in doing so handed a major victory to trademark licensees whose licenses are rejected in ... Read full article

On May 29, 2012, only a little more than a month after the April 23, 2012 oral argument in the case , the U.S. Supreme Court issued its decision in RadLAX Gateway Hotel, LLC, et al. v. ... Read full article

When a company is facing financial distress, the question often comes up whether creditors can "force" the company into bankruptcy. Although the answer is more complicated than it may seem, this post aims to sort out what being "forced into ... Read full article

The Winter 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring  group at Cooley LLP , of which I am a member, has recently been released. The newsletter gives updates on current developments and trends in the ... Read full article

Last month, I reported on a decision from Delaware Bankruptcy Judge Mary Walrath in the In re Washington Mutual, Inc. case (" WaMu ") holding that informal creditor groups must disclose details of their trades under ... Read full article

Thanks to Professor Robert Lawless  of the University of Illinois College of Law, also of the Credit Slips blog, you can now save yourself from combing through dusty old books to find the language of Bankruptcy Code provisions going back as far as 1980. ... Read full article

The First Two Delaware Decisions . In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc . case and in In re Premier International Holdings, Inc . ... Read full article