January 19, 2017

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

January 10, 2017

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

5th Circuit, Louisiana, Louisiana Eastern District

December 13, 2016

Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)

Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.

8th Circuit, Minnesota

November 02, 2016

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit, New York, New York Southern District

August 02, 2016

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

8th Circuit, Minnesota

July 13, 2016

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

11th Circuit

June 30, 2016

Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy

Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.

3rd Circuit, Delaware

April 06, 2016

Power of Substantive Consolidation Survives Law v. Siegel

Supreme Court authority is read narrowly to preserve traditional equity powers.

9th Circuit

April 05, 2016

Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy

Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.

6th Circuit, Michigan, Michigan Western District

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

2nd Circuit