"New value" plans require competitive bidding, says 7th Circuit *

USA - February 15 2013
In a decision issued yesterday, the 7th Circuit Court of Appeals held that insiders can't be given a special opportunity to invest in a bankrupt…

Co-authors: Bradley R. Duncan.

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Montana Bankruptcy Court confirms electricity is a “good” under the Bankruptcy Code *

USA - January 12 2013
The United States Bankruptcy Court for the District of Montana in connection with In re Southern Montana Electric Generation and Transmission…

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9th Circuit issues important post-Stern opinion *

USA - December 6 2012
On Dec. 4, 2012, the U.S. Court of Appeals for the 9th Circuit delivered its long-awaited decision in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.).

Co-authors: Bradley R. Duncan.

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Two recent decisions from courts of appeals address important intellectual property issues in bankruptcy *

USA - July 12 2012
In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy.

Co-authors: Bradley R. Duncan.

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Eleventh Circuit issues new TOUSA decision, upholds finding that upstream guarantees were fraudulent transfers *

USA - May 16 2012
In a decision with significant implications for borrowers and lenders, on May 15, 2012, the Eleventh Circuit Court of Appeals affirmed a bankruptcy court's findings that upstream guarantees and associated liens delivered by a bankrupt debtor's subsidiaries were avoidable as fraudulent transfers.

Co-authors: Bradley R. Duncan.

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