In the (Red) The Business Bankruptcy Blog
"We all know that when a business files bankruptcy, the impact on vendors, customers, and others can be immediate and disruptive. The In The (Red) blog was launched in the summer of 2006 as a way for CEOs, CFOs, boards of directors, credit professionals, in-house counsel and others to stay informed about important business bankruptcy issues and developments."
Author: Robert L. Eisenbach III is a lawyer at Cooley Godward Kronish. He is the partner in charge of its San Francisco office.
Blawg Related Categories: Bankruptcy Law • Corporate Law • Law Practice Management • Business Law • Legal Information
Recent Posts from In the (Red) The Business Bankruptcy Blog
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First Court Of Appeals Decision Addresses Question Left Open In The Supreme Court's Travelers Opinion: Can Unsecured Creditors Recover Post-Petition Attorney's Fees?
On June 23, 2009, the U.S. Court of Appeals for the Ninth Circuit became the first Court of Appeals to answer the question left open in the U.S. Supreme Court's March 2007 decision in Travelers Casualty…
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Section 363 Sales And Beyond: An M&A Lawyer's Perspective On Purchasing Assets From Distressed Companies
With the economy suffering through the longest recession since the 1930s, it's little wonder that much of the merger and acquisition ("M&A") activity these days has been focused on distressed companies. The Chrysler and General…
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General Motors Files Chapter 11 Bankruptcy In New York
General Motors Corp. filed for Chapter 11 bankruptcy protection this morning in the U.S. Bankruptcy Court for the Southern District of New York. Judge Robert E. Gerber has been assigned to preside over the case.…
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Spring 2009 Edition Of Bankruptcy Resource Is Now Available
The Spring 2009 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current…
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Text Of Legislation To Repeal Certain Of BAPCPA's Business Bankruptcy Changes Affecting Retailers Now Available
As reported in a post on the blog earlier this week, on April 2, 2009, Representative Jerrold Nadler (D-NY) introduced a bill entitled the "Business Reorganization and Job Protection Act of 2009." At that time the official…
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Legislation Introduced To Repeal Certain Business Bankruptcy Changes Made By BAPCPA's 2005 Amendments
On April 2, 2009, Representative Jerrold Nadler (D-NY) introduced a bill entitled the "Business Reorganization and Job Protection Act of 2009." The bill has been co-sponsored by Representative Steve Cohen (D-TN), the Chairman of the Subcommittee…
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U.S. Supreme Court Shows Interest In Deciding Whether The Hypothetical Test Or The Actual Test Should Be Used To Determine If IP Licenses Can Be Assumed In Bankruptcy
It looks like the U.S. Supreme Court, or at least two of the Justices, is interested in deciding whether the "hypothetical test" or the "actual test" should be used in determining whether an intellectual property license can…
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If Madoff Investors Are Sued By The SIPA Trustee And Pay Money Back, Can They File Proofs Of Claim After The Bar Date?
Recently, I posted about SIPA liquidations of brokerage firms, prompted by the Securities Investor Protection Act (known as SIPA) liquidations of Lehman Brothers, Inc. and Bernard L. Madoff Investment Securities LLC. An interesting issue has come up…
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New Article Looks At BAPCPA's Impact On Retailers In Chapter 11
My colleagues Lawrence C. Gottlieb, Michael Klein, and Ronald R. Sussman recently authored an article entitled "BAPCPA's Effects on Retail Chapter 11s Are Profound," in the February 2009 edition of the The Journal of Corporate Renewal, published…
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Free Online Bankruptcy Research Tool Now Updated
Last year I posted about the research binder that Chief Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California makes available to bankruptcy professionals and the public. Well,…