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

Will Section 363 "Free And Clear" Sale Orders Survive An Appeal? A Recent Appellate Decision Raises New Doubts
The primary objective of any buyer at a Section 363 sale, whether one purchasing for cash or an existing secured creditor making a credit bid, is to obtain good title to the purchased assets free and clear of…
Recent California Decision Addresses Whether Directors And Officers Can Be Liable For Unpaid Wages Of A Bankrupt Company
When insolvent companies are unable to make payroll or to pay accrued vacation or other amounts owed employees, the question often arises whether directors, officers, or shareholders face personal liability for these unpaid amounts. The California…
Supreme Court Decision Settles The Section 1146(a) Transfer Tax Exemption Issue
On June 16, 2008, the United States Supreme Court issued its decision in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., the case involving whether Section 1146(a) of the Bankruptcy Code, which exempts from stamp or similar…
Leading Venture Capitalists Reflect On Business Failure
David Feinlieb of Mohr Davidow Ventures has an interesting post on his Tech, Startups, Capital, Ideas blog entitled "Why Startups Fail." David highlights four main reasons around his general theme of "they run out of…
Latest Edition Of Bankruptcy Resource Now Available
The Spring 2008 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 give updates on…
New Article Examines Whether Wire Transfers Can Immunize Payments To Shareholders In LBOs
Leveraged buyouts, known as LBOs, have frequently been the subject of fraudulent transfer challenges when the target company later files bankruptcy. As its name implies, the classic LBO involves the use of leverage -- debt…
Free Bankruptcy Research Tool Available Online
Bankruptcy professionals and the public rarely get a chance to read a judge's own research binder. Fortunately, however, Chief Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California…
Northern District of California Bankruptcy Court Local Rule Amendments Take Effect May 1, 2008
As previously reported, in August 2007 the Bankruptcy Court for the Northern District of California proposed amendments to the Bankruptcy Local Rules designed to implement the changes made by the Bankruptcy Abuse Prevention and Consumer…
What Happened At The Supreme Court Oral Argument In The Section 1146(a) Bankruptcy Transfer Tax Exemption Case?
On Wednesday, March 26, 2008, the United States Supreme Court heard oral argument in the case of Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc. A link to the transcript of the oral argument can…
Trademark Licenses In Bankruptcy: New Developments In The N.C.P. Marketing Case
Last November I reported on the status of the Ninth Circuit appeal in In re: N.C.P. Marketing Group, Inc., a case addressing whether a debtor can assume a trademark license over the trademark owner's objection. Back in…