In Search of the Holy Grail

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  Seventh Circuit Applies Safe Harbor to Private Securities Transaction

  By Michael L. Cook

  “… [T]he term ‘securities contract’ as used in [Bankruptcy Code] §546(e) unambiguously includes contracts involving privately held securities,” The Seventh Circuit held in Petr v. BMO Harris Bank, N.A.

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  Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don’t Apply to Corporate Debtors Under Subchapter V

  By Lawrence J. Kotler and Elisa Hyder

  In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

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  Merchant Cash Advances Could Be More Trouble Than They’re Worth

  By Joseph Pack and Jessey Krehl

  As small-business owners have continued to struggle in an uncertain economy, a growing number have begun the dangerous practice of relying on merchant cash advances — essentially seeking financial shelter in a lion’s den.

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  Biotech Industry Bankruptcy Case Update: ‘Zymergen’ and ‘Humanigen’

  By Edward E. Neiger, Marianna Udem and Joo Hee Park

  This Bankruptcy Case Update focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.

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