Corporate Bankruptcy

What is the point of that?

09/21/16

Perhaps as a result of GM, I've been thinking about notice issues in connection with insolvency.

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GM & Ignition Switches

07/15/16

My take on the Second Circuit's opinion – which Levitin has also written about (and I agree with him that the used car analysis is a bit "off") – is over on Dealb%k.

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Thoughts on the GM Ignition Switch Opinion

07/15/16

The Second Circuit handed down its much-anticipated decision on the GM successor liability claims. Bottom line is that most, if not all, of the various claims against New GM are not barred by the Sale Order because of lack of procedural Due Process.  That said, there's a lot more in the ruling.  My thoughts below the break: 

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Thoughts on Nortel (from Bob Rasmussen)

04/19/16

The following post comes to us from Professor Rasmussen at USC:

Nortel Bankruptcy Sets a Dangerous Precedent For the Future of Lending

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New York Professional Responsibility Rules vs. Delaware Corporate Law?

04/12/16

The Caesars examiner's report makes for interesting reading. Of particular interest for our readers might be its discussion of the role of the lawyers, namely those at Paul Weiss, who simultaneously represented the Caesars holding company, its operating subsidiary, and the holding company's private equity sponsor.

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Tribune Co. Creditors' Fraudulent Conveyance Claims Preempted by 546(e) ... or Not Reverted?

03/28/16

After a delay of nearly 15 months, the Second Circuit this past Friday finally released its opinion in the Tribune Co. Fraudulent Conveyance Litigation.

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Save the TIA!

12/04/15

So a brazen attempt to undermine the Trust Indenture Act of 1939 has failed, but you can expect the proponents will try again.

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The Future of Bankruptcy Work for Lawyers

11/20/15

As expected, as the number of consumers filing bankruptcy has continued to decrease, the revenue of the consumer bankruptcy debtor and creditor bar has been hit hard. Over the past several years billable hours of business bankruptcy (including insolvency, workout or reorganization) lawyers have been dropping and many mid-level partners at large firms are looking for work in related or unrelated specialties. 

We would expect consumer bankruptcy work to increase when:

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