In this Issue:

• Has the Supreme Court Limited the Scope of Section 105 of the Bankruptcy Code?
• Balancing of Interests Results in Preservation of Patent Licensee Rights in Chapter 15 Case
• Foreign Debtor Must Satisfy U.S. Bankruptcy Code Definition of ‘Debtor’ to Utilise Chapter 15
• Attorney-Client Privilege Does Not Protect Personal Emails Sent on Corporate Email System
• Failure to Vote, Plus Confirmation Objection, Does Not Equate to ‘Tacit Acceptance’
• Claim of Out-of-the-Money Non-Recourse Junior Lienholder Allowed under Section 1111(b)
• Not so Fast in Applying Detroit Bankruptcy Precedent – At Least in California
• State Claims Brought Against Purchaser After Section 363 Sale Constitute Impermissible Collateral Attack
• Third Circuit Affirms – Claims Purchaser Subject to Preference Claim to the Same Extent as Original Claimant
• Premium Financing Arrangements Immune to Preference Action
• Attempted Triangular Set-Off Not Permitted Because of Lack of Mutuality, Nor Is It Within Safe Harbor
• Plan Not ‘Fair and Equitable’ Because of Substantial Risks Placed on Secured Creditor
• A Bankruptcy Court’s Newly Founded Ability to Certify Questions of Law, Namely Involving Corporate Law Issues, to the Delaware Supreme Court
• Counsel’s Corner: News From Reed Smith

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