Chapter 11

Forced Into Bankruptcy: The Involuntary Bankruptcy Process

05/24/12

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 bankruptcy" really means (hint: there are two different ways this can happen) and why it matters to companies and creditors.

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Second Circuit Expands Settlement Payment Defenses

02/28/12

By: Tianja Samuel

St. John’s Law Student

American Bankruptcy Institute Law Review Staff 

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All Tolled, Section 108(c) Preserves a Mortgagee’s Option to Commence a Foreclosure Until After the Automatic Stay is Lifted

02/23/12

By: Matthew W. Silverman

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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The Unenforceability of Flip Clauses in Swap Agreements

02/21/12

By: Piergiorgio Maselli

St. John's Law Student

American Bankruptcy Institute Law Review Staff

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Third Circuit Holds Post-petition Pension Fund Withdrawals Liability Is Entitled to Administrative Expense Priority Under Sectio

02/16/12

 

By: Brian Bergin
St. John’s Law Student
American Bankruptcy Institute Law Review Staff

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Section 546(e): “Safe Harbor” Held Inapplicable to Small Private LBOs

02/13/12

By:  Shlomo Lazar

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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Severance Compensation is “Earned” on Termination for Section 507(a)(4) Priority

02/13/12

 

By: Eric Small

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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Winter 2012 Edition Of Bankruptcy Resource Now Available

02/13/12

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 bankruptcy and workout area.

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The Third Circuit Broadly Interprets Section 1128(b)’s “Party in Interest” Standing Requirement

02/10/12

Michael A. Battema

St. John’s University Law Student

American Bankruptcy Institute Law Review Staff

           

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Overpayment of Secured Creditor Violates Absolute Priority Rule

02/10/12

By: Peter N. Chiaro

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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