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As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities co

What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contr

What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contr
Guarantee-stripping - the compromise of a landlord's claim against the guarantor of a tenant debtor - also known as the Powerhouse principle, has been endorsed by the High Court as a valid legal mechanism within a CVA, as long as...
Testimony Before the Senate Committee on Finance on July 21, 2010
Prominent thoroughbred owner Stonewall Farm Stallions filed bankruptcy on June 20, 2010.
The Texas Rangers Baseball Partners (“TRB Partners”) Chapter 11 case descended
National Union Fire Ins. Co. v. VP Buildings, Inc. (6th Cir.)
The Chapter 11 case of Texas Rangers Baseball Partners (“TRB Partners”) has devolved into a slow motion train wreck. 
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Because I am a nerdy restructuring and bankruptcy attorney, I am on a fair number of email listervs with colleagues.
The Chapter 11 case of Texas Rangers Baseball Partners (“TRB Partners”) continues to take fascinating turns, and is fast becoming a cautionary tale about the risks
“Zombie Debt” is a term that people in my business use for debt that is not legally enforceable. The debt generally has been either paid, settled, or discharged in a bankruptcy. So how does it happen?
Palm Beach County Circuit Court Foreclosure Mediation