Rochelle's Daily Wire

ABI Exclusive

April 11, 2018

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.
Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

March 30, 2018

Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

March 28, 2018

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

March 27, 2018

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.

March 20, 2018

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.