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Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year. Judge Christopher S. Sontchi of the United States Bankruptcy Court for the District of Delaware (the Court) issued an opinion in In re Molycorp, Inc. (Case No. 15-11357) on Jan. 5, 2017 that serves as both a cautionary tale and an instruction manual.
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Cross-Border Insolvency In Brazil: The UNCITRAL Model Law Dances to A Samba Beat
By Nyana Abreu Miller and Raul Torrao
After years of debate, Brazil recently enacted legislation amending its bankruptcy statute and modernizing the Brazilian insolvency system.
Update on Business Bankruptcy Legal Fees and Professionalism
By Michael L. Cook
A review of recent cases shows that poor billing judgment and unreasonable billing have been with us for decades.
When Does Content of a Debtor’s Bar Date Notice Satisfy Due Process?
By Francis J. Lawall and Kenneth A. Listwak
The Third Circuit recently examined whether the content of a debtor’s bar date notice satisfied due process, so as to discharge unknown litigation creditors’ claims against the company after confirmation of the debtor’s Chapter 11 plan of reorganization.
There Is No Post-Confirmation True-Up of Projected Disposable Income In Subchapter V
By Jonathan P. Friedland, Mark Melickian & Hajar Jouglaf
A large number of reported decisions interpreting Sub V have mostly addressed the eligibility threshold for a debtor to proceed under the new law. And legitimate questions will continue to present themselves. Such is the nature of most new (and even not-so-new) statutes.
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