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Avoiding Illusory Recoveries: Black-Scholes Protections for Warrants Issued under a Plan

Feb 2017

Topic Tags
Creditors' Committee
Plan Confirmation
Practice and Procedure
Valuation
Business Reorganization

New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales

GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).

Supreme Court
Thursday, December 15, 2016
Article Tags
Practice and Procedure
Business Reorganization
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District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment

Social Security benefits were properly cut off to recover overpayment.

7th Circuit
Illinois
Illinois Northern District
Wednesday, December 14, 2016
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
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Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal

Consistent, dilatory conduct required for dismissing an appeal, circuit says.

11th Circuit

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

2nd Circuit
New York
New York Southern District

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

Benchnotes February 2017

Feb 2017

Bankruptcy Code
105
11 U.S.C. § 365
507
521
1103
1129
Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Unsecured Trade Creditors

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

11th Circuit
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