Retail Relief: Amend the UCC to End the Filing Requirement to Perfect Consignment Interests

Placing goods on consignment is a common occurrence in retail, but to perfect those goods, consignors are required to file with the UCC and give notice to other secured parties. Many consignors fail to follow this procedure and end up as unsecured creditors if the retailer files for Chapter 11. Stephen Selbst argues it is time to change the law.

August Commercial Chapter 11 Filings Increased 29% Over July

Commercial Chapter 11 filings totaled 426 in August 2017, a 29% increase over July’s total of 331 filings, according to data provided by Epiq Systems, which has partnered with the American Bankruptcy Institute.

June Commercial Chapter 11 Filings Rise 16%, 2017 Down 7% Overall

According to the ABI and Epiq Systems, total commercial Chapter 11 bankruptcies for the month of June 2017 increased 16% but commercial Chapter 11 filings have dropped 7% in 2017 overall.

May Commercial Chapter 11 Bankruptcies Increase 16%

Commercial Chapter 11 filings increased 16% to 498 filings in May 2015 from the 431 commercial Chapter 11 filings registered in May 2014, according to data provided by Epiq Systems.

Chapter 11, Five Cards at a Time: Secured Lenders Hold ‘Em or Bust

To Hahn Loeser & Parks Partner Rocco I. Debitetto, navigating Chapter 11 is like playing a hand of no-limit Texas Hold ‘Em. By understanding the fundamentals of the popular poker variation relying on mathematically and psychologically correct decisions, secured lenders can control the money pot. First move: Take stock of who’s at the table, evaluate their interests and envision their strategy.

ABI Chapter 11 Reform Commission Calls for Modernization

The ABI Commission to Study the Reform of Chapter 11 released its final report containing recommendations for modernizing the Bankruptcy Code for Chapter 11 business reorganizations.

Hercules Tech Provides Baxano Surgical DIP Financing

Baxano Surgical filed for Chapter 11 to facilitate a going concern sale of its minimally invasive products under §363. Pre-petition lender Hercules Technology Growth Capital will provide the DIP financing.

Corporate Chapter 11 Bankruptcies: The Case for Venue Reform

Baker Donelson Attorney Susan Mathews makes a case for venue reform, explaining why corporate debtors should be accountable to local trade creditors, employees and communities and be required to file Chapter 11 at their home base.

Chapter 11 Trustee to Control TelexFree

The Wall Street Journal reported that a bankruptcy judge signaled he will move quickly to appoint a Chapter 11 trustee to take control of TelexFree, which faces accusations of fraud.

ABI Journal Article Points to Chapter 11 Case Trends

While the changing dynamics of today’s Chapter 11 process and financial landscape have led to an increase in pre-packaged bankruptcy filings, “free fall” cases have grown more pronounced, according to an analysis in the March edition of the ABI Journal .