News Topic: BusinessBankruptcyBlog

Derivative Claims Against Directors Of An Insolvent Delaware Corporation . With its 2007 decision in  North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. 2007), the Delaware Supreme Court held that directors of an ... Read full article

The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article

Section 365(n) And Licensee Rights . I have discussed in the past how Section 365(n) was added to the Bankruptcy Code to protect licensees of intellectual property in the event the licensor files bankruptcy. ... 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

Bankruptcy Rule Amendments . As reported in a post last month , this year's amendments to the Federal Rules of Bankruptcy Procedure have now taken effect today, December 1, 2011. ... Read full article

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy ... Read full article

I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California  had made available on the Bankruptcy Court's website. Although Judge ... Read full article

As I have reported over the past several years, Delaware courts, including the Delaware Supreme Court, have addressed the nature of a director's fiduciary duties when a Delaware corporation is insolvent or in the "zone of insolvency," most ... Read full article

Creditor Derivative Claims Against Fiduciaries Of Insolvent Corporate Entities. In a 2007 decision in  North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. ... Read full article

As discussed in an earlier post called " On The Rise: Bankruptcy Dollar Amounts Will Increase On April 1, 2010 ," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after April 1, ... Read full article

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for cases filed on or after April 1, 2010. You can find a chart listing all of the changes on this Federal Register page , which printed last ... Read full article

Earlier this year, the U.S. Bankruptcy Court for the Middle District of Tennessee issued a decision holding that creditors sued for preferences  can assert a new value defense based on the goods provided to a debtor in the 20 days before the bankruptcy ... Read full article

The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP   Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article

Trademark licensees have long faced the serious risk of losing all license rights to a trademark if the licensor files bankruptcy and rejects the trademark license as an executory contract. However, a recent decision from the U.S. Court of Appeals for the ... Read full article

The Winter 2010 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring  group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends ... 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

Given the state of commercial real estate, the prospect for defaults by commercial borrowers has greatly increased. The last time there was a significant downturn in the commercial real estate sector in the early 1990s, owners of buildings and other real ... Read full article