Authors: Brian M. Schenker Christopher A. Lynch Christopher O. Rivas Chrystal Puleo Mauro Jared S. Roach Lauren S. Zabel Peter S. Clark

Note from Peter S. Clark, II (CR&B Practice Group Leader):

Welcome to the January 2016 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Please share your feedback and ideas. We appreciate the opportunity to serve you.

In this Issue:

  • Deed-In-Lieu, or Not
  • Ninth Circuit Reverses Lower Courts, Finds Substantially Completed Plan Is Not Equitably Moot
  • The Inconsequential Value Exception to the Section 1111(b) Election: Analyzing the When and How
  • Chapter 7 Trustee’s Claim of Breach of Fiduciary Duty Based on Failure to Comply with the WARN Act Survives Motion to Dismiss
  • Section 303 Requirements Not Enough – Involuntary Chapter 7 Petitioner Must Also Demonstrate Good Faith in Filing
  • Regardless of Claim Priority, State Department of Revenue Entitled to Adequate Protection Thanks to Bulk Sales Act
  • Separate Agreements Comprising One Unitary Contract Must Be Assumed or Rejected Cum Onere
  • Issues of Material Fact Preclude Summary Judgment on Whether Lender Impliedly Assumed Liability to Return Membership Deposits
  • Sale of Substantially All of Debtor’s Assets Cannot Be Approved in a Final Cash Collateral Order
  • Counsel’s Corner: News From Reed Smith

Download the .PDF below to learn more.