The Precedential Effect of BAP Decisions
The bench and bar are well acquainted with the principles of <i>stare decisis</i> and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
Enron and Anna Nicole Smith
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
A Commercial Landlord's Rights in Bankruptcy
Having a tenant in bankruptcy can be one of the most frustrating ' and costly ' experiences that a commercial landlord endures. This article presents the landlord's various options, explore its options and provide guidance on protections and rights that landlords possess.
LIBOR and Bankruptcy in the Current Market
Distressed companies and those in bankruptcy nearly always require some amount of loans to fund their recovery, exit from bankruptcy, or sale. What happens when those loans are not available, too expensive, or too risky in the eyes of the capital market? Combine that with volatility in The London Interbank Offer Rate, 'LIBOR,' the rate at which money is lent to other banks, and the terms, in particular, interest rates, that are offered to these distressed borrowers, are constantly in change.
The Enterprise Bankruptcy Law of the People's Republic of China
In August 2006, after some 12 years of preparation, the Enterprise Bankruptcy Law ('EBL') of the People's Republic of China ('PRC') was signed into law by President Jintao Hu. The new law went into effect on June 1, 2007. The EBL supersedes the 1986 Interim Enterprise Bankruptcy Law, as well as all or a part of a variety of other regimes and statutes, including the People's Republic of China Company Law and the Foreign Invested Enterprise Liquidation Procedure. This article is a consolidated analysis of some of the significant features of the EBL.
How 'Bout Those Broncos!
Suppose a husband in a pending divorce action is a big football fan and has four season tickets to his team. He waited over 20 years on the waiting list to have access to these tickets. Now that his time has come, he finally has the right to buy tickets every year to see his favorite team play. However, he is also in the midst of a bitterly contested divorce, and these tickets are now at issue. What happens next?
Bankruptcy Filings in Calendar Year 2007
The vast majority of petitions filed during 2007 were non-business cases; in fact 96.7% of all cases filed in 2007 were non-business. In calendar year 2007, there were 822,590 non-business cases filed, a 38% increase from the 597,965 non-business bankruptcy filings in 2006. By contrast, in 2005, non-business filings totaled 2,039,214.Here's the breakdown.
