Business Restructuring Review

In this issue:

  • A Baby Step Forward: Executive Benefits Insurance Agency v. Arkison
  • Newsworthy
  • Focusing on Intent in Recharacterization Analysis, Delaware Bankruptcy Court Ruling Indicates that Creditors Seeking Derivative Standing Face High Hurdle
  • Grede v. FCStone, LLC: A Confirmation of the Broad Scope of the Section 546(e) Safe Harbor
  • “Cleverly Insidious” Bankruptcy Waiver in SPE Operating Agreement Unenforceable As Matter of Public PolicyIn re Denver Merchandise Mart—Fifth Circuit Emphasizes Need for Clear Contractual Language Regarding Prepayment Premiums
  • From the Top In Brief
  • Sovereign Debt Update