Help Center

ABI Blog Exchange

Per www.globalinsolvency.com:Tue., July 7, 2015 The long-awaited new insolvency law has taken a big step towards becoming a reality after being approved by the Cabinet, The National reported. Sheikh Mohammed bin Rashid, Prime Minister and Ruler of Dubai, said on his website that the proposed draft law includes flexible strategies to bail out businesses that have encountered financial troubles that might lead to bankruptcy. “The draft law aims to regulate accumulated debts, eases restructuring of companies as well as support troubled businesses,” he said. “The draft law aims to mitigate risk of bankruptcy and ensure a safe and attractive business environment in the UAE that nurtures and supports investments.” The new law, which was approved on Sunday, is reported to be largely based on French insolvency practices, drawing on a number of provisions from German law, as well as legal codes from countries such as the Netherlands and Japan. Significantly, the new law is reported to contain groundbreaking provisions regarding the decriminalisation of bounced cheques.

Read More from: The COMI

7 hours 22 min ago
The Equitable Mootness Doctrine     The entry of an order confirming a plan of reorganization is probably the most significant event in a bankruptcy case.  Shortly after a confirmation order enters, parties to the case often invest funds, alter operations, sell assets, and otherwise implement the reorganization.  Accordingly, courts have developed a doctrine called “equitable mootness” to protect the finality of confirmation orders.  See, e.g., Rev. Op. Grp. v. ML Manager LLC (In re Mortgs. Ltd.), 771 F.3d 1211, 1215 (9th Cir. 2014) (“An appeal is equitably moot if the case presents transactions that are so complex or difficult to unwind that debtors, creditors, and third parties are entitled to rely on the final bankruptcy court order.”).     The Ninth Circuit has developed four factors to determine whether an appeal is equitably moot.  They are: (1) whether the appealing party sought a stay of the confirmation order; (2) whether the plan has been substantially consummated; (3) whether the remedy sought will affect third parties unfairly; (4) whether the court can fashion effective and equitable relief without significantly upsetting the confirmed plan.  See In re Thorpe Insulation Co., 677 F.3d 869, 881 (9th Cir. 2012).  The Transwest Decision

Read More from: Creditors' Rights

8 hours 33 min ago
The sandwiches and fries in this picture cost less than $15 total.
Joseph Checkler
Here’s our Yelp review for dinner and drinks at the 100 Montaditos on Bleecker Street in Greenwich Village: Title: “Waaaay Too Much Quality for Waaaay Too Low a Price.” Body: “The food was way too inexpensive for how great it tasted, and the happy hour drinks were just too heavily discounted. And to boot, the manager was extremely accommodating and friendly to all the guests. Also, the location is awesome and the space is great. I’m not sure how this place is still in business.” Last sentence notwithstanding, that’s a five-star review. But for a company in bankruptcy, low-priced food and drinks at high-rent locations might not be the quickest way out of chapter 11. In fact, early in the bankruptcy case, a lawyer for embattled franchisees cited that business model as one of the reasons for the Spanish chain’s struggles since expanding into the U.S. Our investigation started out by taking advantage of what must be the best (and only) five-hour happy hour in Greenwich Village: $2 sangria—albeit a little watery—and $3 draft beer.

Read More from: WSJ.com: Bankruptcy Beat

10 hours 6 min ago
A recent article in the New York Times illustrated how advantageous the bankruptcy process can be for senior citizens looking to make a fresh financial start and protect their retirement income. The piece featured a 66-year-old retired former nursery owner and plant consultant from Orlando with diminishing income and mounting bills, a problem to which seniors across the country can relate. The retiree said he wanted to get out of debt in time to reorganize his finances and leave something to his grandchildren. What is truly surprising, and unfortunate, is that he said that overcoming the stigma of bankruptcy was his biggest obstacle in initiating the process. As people get older, they require more medical care; however, their lack of income after retirement means that they can’t always pay for it. This results in mounting medical bills that balloon out of control and sometimes force elderly individuals into bankruptcy. This maneuver, however, can be beneficial to those looking to protect and preserve what limited income they have during their retirement. Without getting this fresh start, seniors run the risk of having their income eaten up by creditors each month, leaving them with very little, if anything, to enjoy the life they’ve worked so hard to build.
11 hours 48 min ago
In over 19 years of being a bankruptcy lawyer I’ve heard – and been part of – both sides of the discussion about how smart it is to file for bankruptcy. After much consideration, I’ve concluded that it’s a stupid conversation. There’s a lot of misinformation out there about bankruptcy. Credit counselors and debt settlement companies will tell you it’s the worst thing for your credit, in spite of the fact that even the Federal Reserve Bank of New York (you know, the folks who run the banking system) says that’s untrue. On the other side of the discussion comes the bankruptcy lawyers who think that a trip to bankruptcy court is the cure for what ails your financial situation. And a recent article in Huffington Post includes a story of someone who, upon hearing that a friend was going to file for bankruptcy, responds with, “congratulations.” If you’re in debt and don’t handle it, you’re putting yourself at risk financially. Retirement, after all, is one day closer every time the sun rises. Illness, job loss, family upheaval and an unexpected household repair can all cause calamities if you’re not on firm financial footing. But the key isn’t whether bankruptcy is good or bad – it’s one of attending to your financial problems in the best manner possible. And here’s what you should be doing instead. Begin with Expenses
13 hours 24 min ago
Do you own and manage rental property in Walworth County? If so, this post could save you thousands of dollars. Most lost funds are incurred by landlords when a tenant moves out. Repairing and replacing household items adds up. There is normally a dispute between the landlord and the tenant over the property’s condition at the time of the tenant’s move-out. You can avoid this type of situation by clearly defining the condition of your property at the time of move-in and defining the condition your property should be left in when the tenant moves out. Learn how to withhold security deposits without complaints from your tenants. 6 Money Saving Tips for Landlords from our Walworth County Real Estate Attorney 1. Video the Tenant Walk-Through. It’s time to get out your camcorder, camera, or mobile phone and use the video feature. Be sure to include the date, time, and name of your future tenants. Video record the entire walk-through with your potential tenants. Try to get a 360 degree view of each room. Include the tenants in each room view. Have your future tenants and yourself comment on the condition of each room. You will take the video seriously. Your tenants will take the video seriously, especially when you have them state their names as listed on the lease agreement. This pre-move-in video will make it very difficult for any tenant to dispute the condition of your property at the time of move-in.

Read More from: Wynn at Law, LLC

14 hours 22 min ago
Davis Polk has submitted a comment letter on the SEC proposal for companies to disclose pay versus performance. We previously summarized the rule proposal here. 
15 hours 11 min ago
Community banks that try to serve too broad an array of customers will wind up losing out to larger competitors. They would do better to focus on on one or two customer segments and familiarize themselves with those groups' specific habits and needs.

Read More from: BankThink

15 hours 55 min ago
Receiving Wide Coverage ... What's Next for Greece: One day after Greeks voted overwhelmingly to reject the bailout terms offered by European creditors, the country's future is up the air. One thing that's for sure: controversial Greek finance minister Yanis Varoufakis is stepping down at the behest of prime minister Alexis Tsipras in an effort to smooth upcoming negotiations with European creditors. Varoufakis has no regrets about the hardball tactics that aggravated eurozone officials: "I shall...

Read More from: BankThink

16 hours 53 min ago
At the conclusion of an individual’s bankruptcy case, the court enters an order closing the case, and a copy of this order is sent to the debtor. Unless the trustee has assets to distribute to creditors, case closing takes place fairly quickly in Chapter 7 cases. In Chapter 13, the case will not be closed until after the debtor finishes making payments under the plan. The case will also be closed if the court enters an order of dismissal.
16 hours 59 min ago
Auto parts maker Chassix Holdings Inc. won final court approval of its restructuring plan. Read the Daily Bankruptcy Review article via The Wall Street Journal. (Daily Bankruptcy Review is a daily newsletter with comprehensive coverage and analysis of emerging and in-progress insolvencies and turnarounds. For a two-week trial, visit http://on.wsj.com/DJBankruptcyNews, scroll to the bottom and click “try for free.”) Yellowstone Club founder Tim Blixseth is staying in jail, the Associated Press reports. Stockton University doesn’t think developer Glenn Straub, who bought Atlantic City N.J.’s Revel casino, is serious about buying the former Showboat casino and wants to find a new buyer, the Associated Press reports.

Read More from: WSJ.com: Bankruptcy Beat

18 hours 23 min ago
Auto parts maker Chassix Holdings Inc. won final court approval of its restructuring plan. Read the Daily Bankruptcy Review article via The Wall Street Journal. (Daily Bankruptcy Review is a daily newsletter with comprehensive coverage and analysis of emerging and in-progress insolvencies and turnarounds. For a two-week trial, visit http://on.wsj.com/DJBankruptcyNews, scroll to the bottom and click “try for free.”) Yellowstone Club founder Tim Blixseth is staying in jail, the Associated Press reports. Stockton University doesn’t think developer Glenn Straub, who bought Atlantic City N.J.’s Revel casino, is serious about buying the former Showboat casino and wants to find a new buyer, the Associated Press reports.

Read More from: WSJ.com: Bankruptcy Beat

18 hours 23 min ago
Back on January 4, in my first post of the year, I wrote:"If the ultra-left Syriza party wins control of Greece's government this month, I expect Greece will default, for three reasons.  One, the core reason for Syriza's existence is to repudiate the terms imposed by the "Troika" (EC, ECB, and IMF) as part of the 2011 bailout and restructuring, so it doesn't really have a politically viable alternative to default, although I expect there will be an elaborate show of offers and counteroffers between its leadership and the Troika before a default occurs.  Two, even after the massive haircut inflicted on private creditors back in 2011, Greece was left with an unserviceable debt load, so it was inevitable it would get to the point of defaulting eventually, and there is a lot to be said on both sides to get it over with sooner rather than later, as opposed to the surplus-generating nations in the EU throwing good money after bad.  Last, those nations have to be worried about emboldening copycat repudiations by ultra-left parties in larger nations, especially Podemos in Spain, where there will be national elections in December, so it makes sense to l

Read More from: Necessary and Proper

18 hours 59 min ago
After much debate and criticism, proposed legislation making significant changes to the Delaware General Corporation Law (the “DGCL”) – previously discussed here – has been signed by Governor Markell after being passed by the General Assembly, and is set to take effect on August 1, 2015. Read More › Tags: Delaware General Corporation Law, Fee-Shifting Bylaws, Forum Selection Bylaws

Read More from: Delaware Bankruptcy Insider

1 day 14 hours ago
Today's Greek referendum might look like a high point for democratic accountability, but it is not. When Greek citizens vote on the demands of their government’s international creditors, the outcome will bind Greek politicians, but not the creditors that have prescribed economic policy for Greece since 2010. Instead, the European institutions and the IMF answer to a complex tangle of constituents outside Greece, including taxpayers in other countries that stand to lose money if Greece fails to pay its debts, and those who would suffer shock-waves from Greece abandoning the euro as its currency. This democracy mismatch can lead to over-lending and over-borrowing based on flawed policies and improbable assumptions, which might have been rejected if the creditors had a more direct stake in the consequences of their prescriptions for Greece from the start. Tying a small portion of debt repayment to policy outcomes would improve accountability and help align incentives for the borrowing government and its creditors alike.

Read More from: Credit Slips

1 day 15 hours ago
So I've been off the grid for a few weeks, and of course after months of little to talk about, the world gave us a bounty of stories about financial distress, and related topics, each of which would merit its own post. But I'm going to hit them quickly to get caught up again this holiday weekend:
  • I've always enjoyed reading Hamilton's Report on Public Credit, which has something of a reorganization plan about it, as well as a good discussion of distressed debt trading. Thus, I'm largely in agreement with those that say that Jackson and not Hamilton should go to free up space on one of our bills. But what about having two types of bill in each denomination? Harriet Tubman on some dollar bills, with Washington on the others, seems about right. 

Read More from: Credit Slips

2 days 13 hours ago
Series: Real Estate Dumbed Down 2015 This webinar is a must-attend for anyone who will be representing a client in any type of real estate transaction.  Learn the proper guidelines that must be met to prove diligence.  Our expert panel will discuss what you must avoid in order steer clear of pitfalls that could destroy your reputation and career. Read more here.
3 days 13 hours ago
Series: Commercial Bankruptcy Litigation The key battles in Chapter 11 often revolve around valuation disputes.  Valuation comes up early in a case, in the context of lift stay and financing motions.  It typically comes up again near the end in the context of confirmation battles.  And, valuation plays an important role in between.  This webinar will provide an overview of the varying contexts where valuation is a key driver and will discuss how courts arrive at decisions regarding value in various circumstances. Read more here.
3 days 13 hours ago
When it comes to managing their money, the nation’s millennials march to a different beat, and that poses a problem for the financial services industry. Predictably, financial services offered by names like Google, Apple or Amazon are likely to appeal more to this group than anything provided by their parents’ favorite institutions. Read more here.
3 days 14 hours ago
In this third and final instalment of our review of key issues concerning schemes of arrangements, we contrast schemes with US Chapter 11 proceedings.  The shape of a restructuring is often influenced by a number of key factors; we highlight those that are most likely to be relevant. Continue reading >>
4 days 10 hours ago

Pages