Business Restructuring Review

January/February 2010 Jones Day Publications

In this issue:

The Year in Bankruptcy: 2009
Recapping the most significant developments in business bankruptcy and restructuring during 2009, including the largest public-company bankruptcy filings, notable exits from bankruptcy, legislative developments, and significant court rulings.
Newsworthy
In re Skuna River Lumber, LLC: Professionals Assisting in Bankruptcy Asset Sales Take Note
The Fifth Circuit ruled that surcharge under section 506(c) may not be a viable option in cases where the bankruptcy court enters an order approving a sale and the collateral is no longer part of the bankruptcy estate.
No Right to Jury Trial in Bankruptcy Turnover Litigation
The First Circuit held that the debtors in a case converted from chapter 11 to chapter 7 must turn over to the trustee insurance proceeds expended outside the ordinary course of business and, in a matter of first impression at the circuit level, had no right to a jury trial in turnover litigation under section 542 of the Bankruptcy Code.
The U.S. Federal Judiciary

Insights