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September 26, 2013

As fallout from Stern v. Marshall continues to disrupt bankruptcy litigation throughout the country, the Seventh Circuit recently provided a new contribution to the body of post-Stern authority from the Court of Appeals level.

The Code's Safe Harbor Defense

August 23, 2013

Appellate courts continue to agree on the vitality and breadth of the safe harbor defense contained in Bankruptcy Code (Code) ' 546(e).

Commercial Real Estate Debt Restructuring

August 23, 2013

For real estate bankruptcy law practices, there is significant opportunity in distressed real estate. This article discusses real estate restructuring teams and how they work.

Beware: Chapter 9 Is Not Just for Cities and Counties

August 23, 2013

Chapter 9 deals with bankruptcies of municipalities. The Bankruptcy Code's definition of a municipality is not limited to cities and counties. Here's what it means.

Hidden Issues in Balance Sheets

July 26, 2013

Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.

The DOJ's New Fee Application Guidelines

July 26, 2013

In response to perceived excesses in the bankruptcy compensation process, the United States Trustee Program recently introduced new fee application guidelines for qualifying engagements.

The Evolving Landscape of Distressed Bank Restructurings

July 25, 2013

Although actual failures appear to have declined, the FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

COMI Maybe

June 21, 2013

COMI (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.

Defalcation Defined

June 21, 2013

A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.

Secured Lender's Loss of Possessory Lien Affirmed

June 21, 2013

The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection."

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