ABI Blog Exchange

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

2011-09-22

The Delaware Supreme Court recently held that creditors lack standing to bring a derivative suit on behalf of an insolvent Delaware limited liability company (an “LLC”) under the Delaware Limited Liability Company Act (the “LLC Act”). CML V, LLC v.

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Jason Realty’s Restrictions on Use of Rents as Cash Collateral Do Not Apply to a Debtor’s Use of Hotel Revenues

2011-05-11

The Bankruptcy Court for the District of New Jersey (Kaplan, J.) recently held that hotel revenues (including revenues generated from room occupancy, food and beverage sales, catering, gift shop purchases, spa, and related hotel services) do not cons

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Jason Realty’s Restrictions on Use of Rents as Cash Collateral Do Not Apply to a Debtor’s Use of Hotel Revenues

2011-05-11

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Third Circuit Holds a Plan Administrator in Debtor’s Second Bankruptcy was Not in Privy of Debtor in the First Bankruptcy for Res Judicata Purposes and 11 U.S.C. § 1111(b) Permits Non-Recourse Claims to Become Recourse for Distribution Purposes Only

2011-05-03

In In re Montgomery Ward, LLC, 634 F.3d 732 (3d. Cir. 2011), the Court of Appeals for the Third Circuit clarified the principles of res judicata in the context of a bankruptcy proceeding and further defined the scope of 11 U.S.C.

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Third Circuit Holds a Plan Administrator in Debtor’s Second Bankruptcy was Not in Privy of Debtor in the First Bankruptcy for Res Judicata Purposes and 11 U.S.C. § 1111(b) Permits Non-Recourse Claims to Become Recourse for Distribution Purposes Only

2011-05-03

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Application of the Common Interest Doctrine in Bankruptcy Proceedings

2011-02-01

The U.S.

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Application of the Common Interest Doctrine in Bankruptcy Proceedings

2011-02-01

The U.S.

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SDNY Narrows the Extraterritorial Reach of the Automatic Stay Available under Chapter 15 of the Bankruptcy Code for a Debtor in a Foreign Main Proceeding

2010-10-04

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Section 366’s Backdoor: Closing the Forward Contract Loophole for Utility Suppliers

2010-10-01

Contributed by Sara Coelho

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Debate Over Preemption Scope of Section 1123(a) Continues

2010-09-30

Contributed by Elisa Lemmer

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Texas Bankruptcy Court Holds that Counterclaimant Waived Right to Jury Trial

2010-09-29

In In re Endeavour Highrise L.P., 2010 WL 935359 (Bankr. S.D. Tex. Mar.

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Can a Board of Directors of a Foreign Entity Appoint the Foreign Representative in a U.S. Chapter 15 Filing Without First Obtaining Authority from the Foreign Bankruptcy Court?

2010-09-28

Contributed by Victoria Vron

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What Will Be the Consequences of the Third Circuit’s Decision to Impose 1114 Process on all Chapter 11 Debtors?

2010-09-27

Contributed by Sunny Singh

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Thornburg Mortgage Case Highlights Risks Presented by Potential Conflicts

2010-09-24

Contributed by Michael F. Walsh

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Recent Guidance in the Southern District of New York on Professional Fee Applications

2010-09-23

Contributed by Conray C. Tseng

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Recent Guidance in the Southern District of New York on Professional Fee Applications

2010-09-23

Contributed by Conray C. Tseng

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Abstention Decision Raises Troubling Issues on Letters of Credit

2010-09-20

Contributed by Debra A. Dandeneau.

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Abstention Decision Raises Troubling Issues on Letters of Credit

2010-09-19

Contributed by Debra A. Dandeneau.

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What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

2010-07-27

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contracts,

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What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

2010-07-27

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