Business Restructuring Review
In this issue:
- The Year in Bankruptcy: 2008
Recapping the most significant developments in business bankruptcy and restructuring during 2008, including the largest public-company bankruptcy filings, notable exits from bankruptcy, legislative developments, and significant court rulings.
- Stub Rent Claims Ent i t led t o Administrative Priority
A Delaware bankruptcy court ruled that even if section 365(d)(3) does not require immediate payment of stub rent claims, such claims may nevertheless be entitled to administrative priority whether or not the lease is later assumed.
- Second Time May Be the Charm for the Eleventh Circuit on Subject Matter Jurisdiction in Involuntary Bankruptcy Cases
The Eleventh Circuit joined the majority of courts in ruling that section 303(b)’s involuntary filing requirements are not jurisdictional and can be waived.
- The Earmarking Doctrine: Borrowing From Peter to Pay Paul
A number of recent rulings indicate that bankruptcy courts narrowly construe exceptions to the trustee’s power to avoid preferences, including nonstatutory safe havens such as the earmarking doctrine.
- The U.S. Federal Judiciary