Welcome to the April 2017 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group.

Authors: Peter S. Clark Marsha A. Houston Monique B. Howery Lloyd A. Lim Maura P. McIntyre Christopher O. Rivas Jared S. Roach Reginald Sainvil Brian M. Schenker Lauren S. Zabel

In this Issue:

  • Supreme Court Will Decide Standard of Review on Appeal in Insider Dispute
  • How Much Post-petition Interest Is Too Much Interest for an Oversecured Creditor?
  • Agricultural Cooperative Associations Owe ‘Special Circumstances’ Duties to Creditors upon Insolvency, Bankruptcy Court Says
  • Right to a Jury Trial in a Bankruptcy Proceeding
  • Class-Action Waivers in Arbitration Agreements Are Not So Fresh & Easy
  • Delaware Court Approves Plan Releases for ‘Aggressive’ First Lien Lenders Following Second Bankruptcy Filing
  • Bankruptcy Court Rejects Debtors’ Claims Against Lenders
  • Chapter 7 Trustee Can ‘Step into the Shoes’ of the IRS and Avoid Transfers Occurring 10 Years Before Bankruptcy Filing
  • Ninth Circuit Overrules Decades-old Entz-White Decision, Finds That Lenders Are Entitled to Default Interest Under Plan of Reorganization
  • Court Finds That Utility Refunds Are a General Intangible
  • The Involuntary Bankruptcy Petition Sword
  • Bankruptcy Court Rejects Yield Capitalization Method in Determining the FMV of an Unbranded Extended-Stay Hotel
  • Second Circuit Addresses Limited Scope of Chapter 15 of the Bankruptcy Code
  • Delaware Weighs in on Split in Authority Regarding Amount of Severance Pay Entitled to Priority Status
  • Dead Meat: Bankruptcy Court in Delaware Considers Ability to Set Off an Administrative Expense Claim Against Preference Liability
  • Neither Expired Commercial Lease Nor Holdover Tenancy Is Property of Bankruptcy Estate
  • Texas Bankruptcy Court Holds That Reverse Veil Piercing Is Not an Independent Claim Under Texas Law. Rather, It Is a Remedy That May Be Granted in a Successfully Established Independent Claim
  • Cropped Out: Bankruptcy Court Construes Alleged Bailment Agreement as Disguised Financing
  • Balloon Payment Will Not Pop Chapter 13 Plan
  • Counsel’s Corner: News from Reed Smith

Download the PDF to read the full newsletter!