Bankruptcy And Restructuring

This blawg provides "up-to-date information on bankruptcy, reorganization and creditors' rights."

Author: Sheppard Mullin is an 480-attorney law firm with offices in California, New York, Shanghai and Washington, D.C. It also writes Antitrust Law, Corporate and Securities Law, ESOP Law, Fashion and Apparel Law, FCC Law, AdBriefs, Intellectual Property Law, Labor and Employment Law and Real Estate and Construction Law.

Blawg Related Categories: Bankruptcy Law • 9th Circuit Court • Law Firm

Recent Posts from Bankruptcy and Restructuring

Considerations for Service on an Unsecured Creditor's Committee
With bankruptcy filings up by more than 25% in the recent past, and with the promise of many more to come in the near future, an increasing number of businesses and individuals may find themselves…
Tax Relief For Investment, Restructuring, Refinancing And Other Business Activity
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Tax Act of 2009 ("ARRTA"). ARRTA contains significant potential Federal income tax relief for businesses. Some of the more important provisions are summarized…
Shipping Industry Problems
Most maritime shipping companies were operating profitably through the summer of 2008 until the "perfect storm" of the credit crisis and the worldwide recession struck, leading to the collapse of both the commodity and freight…
Dealing With Troubled Companies - Does Purchasing Assets Avoid Seller Liabilities?
A common strategy for acquiring the business of a troubled company is to purchase assets rather than acquire all outstanding capital stock of the target, based on the general principle that a purchaser of assets…
When Red is the Color of the Season: Commercial Property Leases and Bankruptcy
Bankruptcy filings are skyrocketing as more and more companies are going deep into the red. For retailers or their landlords holding leases in commercial property, there are special considerations to keep in mind. This post…
Actions Taken In Violation Of The Automatic Stay Are Void... Sometimes
In Burkhart v. Coleman, (In re Tippett) --- F.3d ---, 2008 WL 4070690 (9th Cir. Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1)…
United States Supreme Court Resolves Circuit Split
In a recent decision, the United States Supreme Court ruled that asset sales in bankruptcy that occur after plan confirmation will be exempt from certain and often potentially costly state taxes, whereas sales that occur…
Relief for Securitization Vehicles: Mortgage Modification under Foreclosure Prevention Programs
In a recently-issued Revenue Procedure (Rev. Proc. 2008-28), the IRS states that the modification of certain mortgage loans under foreclosure prevention programs involving, for example, interest rate reductions, principal forgiveness, extensions of maturity and alterations…
Seventh Circuit finds that Issuer of Fairness Opinion Did Not Commit Gross Negligence
In the case of The HA2003 Liquidating Trust v. Credit Suisse Securities (USA) LLC, __ F.3d __ (7th Cir. 2008) ("HA2003"), HALO, an acquiring company, hired CSFB, an investment banker, to (i) renegotiate the economic…
Court Orders Case Transferred From New York To California
By Order, dated January 14, 2008, United States Bankruptcy Judge Martin Glenn for the United States Bankruptcy Court for the Southern District of New York, granted the motion (the "Motion") filed by a group of…