Credit (Bid) Where Credit's Due
January 25, 2010
This article concludes last month's article on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii).
The Intersection of Receiverships and Bankruptcy
January 25, 2010
The intersection of bankruptcy and federal and state receiverships has become a fairly regular occurrence around the country. Cases from Florida, Georgia, Minnesota, New York and Oregon evidence that such incidents are taking place all across the country. There is a tension reflected in some of the cases between the primacy of the orderly and well-developed bankruptcy structure as compared with the much less structured alternative of receivership proceedings.
Restructuring in Canada
December 17, 2009
This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.
Post-Bankruptcy Legal Fees
December 17, 2009
Lenders, financial advisers, accountants, indenture trustees and other professionals who bargain for reimbursement of their legal fees should be reassured by <i>Ogle v. Fid. & Deposit Co. of Md.</i> Here's why.
Credit (Bid) Where Credit's Due
December 17, 2009
This two-part article focuses on two issues that are the subject of recent court decisions. Herein: a majority group of secured lenders under a credit facility "dragging along" the minority group into a credit bid under ' 363(k).
Corporate Mergers and the Transferability of Software Licenses
November 30, 2009
Anti-assignment clauses are typically inserted into license agreements to preclude the introduction of an unwanted third party into the parties' relationship, giving the licensor more control over its valuable property and with whom it ultimately does business. In the context of software licenses, ordinarily a court will apply state law to contractual disputes, but federal law pre-empts state law concerning questions of copyright law or policy, which include the assignability of non-exclusive agreements.
When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
November 24, 2009
Usually, when the employee spouse has interests in multiple plans, the divorce settlement will also contain a waiver or release by the non-employee spouse of his or her interests in other plans. But even if effective under state law, that does not, by itself, protect the employee's interests and those of the employee's successors.
Are Bankruptcy Practitioners Prepared for e-Discovery?
November 23, 2009
Last month, the authors stressed the dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant electronically stored information (ESI). They discussed several cases in point. Part Two herein continues the discussion.
Trade-in Value and Automobile Loans After Bankruptcy Reform
November 23, 2009
Last month, we discussed that when, in 2005, Congress enacted PL 109-8, significant changes were in store for the automobile finance industry. Four years after the enactment of PL 109-8, there is as yet little literature on the real-world financial consequences of the 910 provision. The conclusion herein continues the discussion.
