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Mexico: The responsibility of the administrators of the companies in a Mercantile competition
  • Baker McKenzie
  • Mexico
  • February 16 2017

The Mexican insolvency and bankruptcy law (“Ley de Concursos Mercantiles” or “LCM“) that came into effect on May 12, 2000, abrogated the Mexican

Fifth Circuit Rules for PACA Claimants, and Weakens PACA, All in One Curious Ruling
  • Bryan Cave LLP
  • USA
  • February 15 2017

The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a

4th Cir. Holds Escrow, Other Principal Residence Mortgage Loan Items Not Subject to Chapter 13 Bifurcation
  • Maurice Wutscher LLP
  • USA
  • February 13 2017

The U.S. Court of Appeals for the Fourth Circuit recently held that “escrow funds, insurance proceeds, or miscellaneous proceeds” are protected by the

Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
  • Dechert LLP
  • USA
  • February 9 2017

The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities

7th Cir. Rejects ‘Anti-Tying’ Challenge to Software Company’s Required Use of Bank
  • Maurice Wutscher LLP
  • USA
  • February 8 2017

The U.S. Court of Appeals for the Seventh Circuit recently held that a bank’s relationship with a software services company, under which the software

So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All
  • Murtha Cullina LLP
  • USA
  • February 3 2017

In chapter 11 bankruptcy cases, it is not uncommon for secured partieslenders to provide a “carve-out” for various professional fees. Frequently

Reorganize Now or Liquidate Later?
  • FTI Consulting Inc
  • USA
  • February 3 2017

Why are so many chapter 11 retailers squeezed into liquidation? The list of national retailers that have filed for Chapter 11 protection in recent

BC Supreme Court Subordinates Related Party’s Claims
  • McCarthy Tétrault LLP
  • Canada
  • February 3 2017

On January 25, 2017, the British Columbia Supreme Court rendered its decision in Tudor Sales Ltd. (Re), 2017 BCSC 119. The case deals with an attempt

Handy List of Basic Issues to Consider for the Transactional Workout
  • Bryan Cave LLP
  • USA
  • February 2 2017

While significant energy here at the Bankruptcy Cave is devoted to substantive bankruptcy matters, not all aspects of a general insolvency practice

Delaware Bankruptcy Judge: A Carve-Out for Fees Is Not a Cap
  • Kelley Drye & Warren LLP
  • USA
  • January 31 2017

Judge Christopher Sontchi recently issued an important opinion in the Molycorp chapter 11 case. He held that a standard carve-out in a financing order