Skip Navigation

The Restructuring Report

The Southern District of Texas: The Next Big Venue in Commercial Bankruptcy?

October 10, 2018

The Southern District of Texas’s recent popularity in commercial filings, stemming from a number of factors, makes it a new contender to be one of the busiest commercial bankruptcy districts in the country.

View Details

Lessons from the Archdiocese Case

October 10, 2018

During the nearly three-year pendency of the case, the battles between the Archdiocese of St. Paul and Minneapolis and the committee representing the survivors of sexual abuse have resulted in court decisions on two subjects of broad importance in chapter 11 cases generally.

View Details

Squandered Claim? Creditor’s “Veil Piercing” Cause of Action Held to Be Receivership Property – Even After the Receivership Ended

October 10, 2018

In a new development to receivership law, the Minnesota Court of Appeals affirmed a receiver’s power to pursue a creditor’s “veil piercing” claims against insiders of the company in receivership, and blocked the creditor from pursuing those same claims after the receivership ended.  

View Details

Minnesota Enacted a New Health Savings Account Exemption and Increased Exemptions Including for the Homestead

July 26, 2018

Minnesota has expanded the types and value of assets that individuals may protect from creditors.

View Details

May a Debtor Discharge Tax Debt for Late Filed Tax Returns?

July 26, 2018

In the 8th Circuit, income tax debt owed under late filed tax returns could, under certain circumstances, be discharged by individual debtors in their bankruptcy cases.

View Details

More Tools in the Preference Defense Toolbox for Statutory Lien Holders

July 26, 2018

Payments made to creditors in the 90-days before a bankruptcy filing can be subject to recovery as “preference claims.”

View Details

Section 365(n) of the Code: The Intersection of Bankruptcy and Intellectual Property

April 17, 2018

Are trademarks “intellectual property” under the Bankruptcy Code? According to a recent decision from the First Circuit Court of Appeals, the answer is “no,” and Section 365(n) of the Code does not offer protection to trademark licensees when the licensor files for chapter 11. 

View Details

Navigating Disputed Chapter 11 Trustee Elections

April 17, 2018

The choice of a chapter 11 operating trustee can provoke a fight. Follow this guide for a smooth path through the process of displacing an interim chapter 11 trustee or challenging an election.

View Details

Safe Harbor for Forward Contract Merchants Creates Stormy Waters for Energy and Farmer Debtors

January 10, 2018

In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing.

View Details

Is Jevic Really About Structured Dismissals?

October 3, 2017

The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.

View Details