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 Christopher O. Rivas Jared S. Roach 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

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