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The Appropriate Interest Rate Under ' 506(b)

September 02, 2014

Discussion of the ongoing battle for post-petition interest for over-secured creditors under section 506(b).

Bankruptcy Jurisdiction: From Stern to Executive Benefits, Wellness International and Beyond

August 02, 2014

By virtue of its decision in Executive Benefits and its grant of certiorari in Wellness International, the Supreme Court has demonstrated that any further clarification of its decision in Stern will come slowly and deliberately.

Further Precedent Supporting the Retention of CROs

August 02, 2014

A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.

The Enforceability of Make-Whole Premiums in Bankruptcy

August 02, 2014

The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.

You Know About Fisker

July 02, 2014

TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of In re Fisker Automotive Holdings, Inc.

Dealing with Stub Rent After In re Oreck

July 02, 2014

A bankruptcy judge recently held that lessors of a debtor's corporate headquarters were not entitled to administrative expense priority under 11 U.S.C. ' 365(d)(3) for 25 days of unpaid "stub rent" for the period between the Chapter 11 petition and the first postpetition rent payment.

A Circuit Court Definitively Addresses Claims Trading

July 02, 2014

This article analyzes the Enron and KB Toys courts' treatment of the public policy issues associated with claims trading, and the implications of the KB Toys holding with respect to Financial Claims trading in the Third and other circuits.

On the Move

June 02, 2014

Who's doing what; who's going where.

Floating Ashore: An Overview of Puerto Rico's Financial Crisis and Potential Restructuring Alternatives

June 02, 2014

For the Commonwealth of Puerto Rico, as a territory of the United States, relief under Chapter 9 is not an option for solving its staggering $70 billion debt and estimated $850 million deficit for the 2014 fiscal year. Here's why.

Seventh Circuit Reads Bankruptcy Safe Harbor Broadly

June 02, 2014

An in-depth look at a recent Seventh Circuit ruling on the "safe harbor."

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
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