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Headlines
The Challenge of Determining Enterprise Value in Volatile MarketsArguments about value lie at the heart of many disputes in Chapter 11 cases. Yet, despite how critical it is to the outcome of these cases, bankruptcy courts often have extreme difficulty determining value. This makes valuation a fertile source of litigation.
Seller, BewareCompanies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor — for goods shipped to the debtor post-petition — because the debtor did not have authority to make the payment in the first place.
BAPCPA: Another Nail in the Coffin of Retail ReorganizationsBAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts’ broad discretion to extend debtors’ time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
July Issue in PDF Format
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