Some Tips on How to Prepare for a Successful Mediation By James P. S. Leshaw If your mediation goes well, it will be the last day of your litigation. It therefore makes sense to make the same effort preparing for the mediation as you would for trial. Here are a few tips to increase your [...]

Leshaw Law
(posted 3 days 21 hours ago)

The Consumer Financial Protection Bureau's report on private student loans should prompt lenders, regulators and universities to take action to help troubled borrowers and prevent future defaults.

BankThink
(posted 3 days 21 hours ago)

NORTH OF THE BORDER UPDATE
This article has been contributed to the blog by Andrea Lockhart, an associate in the insolvency and restructuring group of Osler, Hoskin & Harcourt LLP
Introduction
A recent decision of the British Columbia Supreme Court in Re Bul River Mineral Corp. highlights the discretionary nature of claims-bar orders under the Companies’ Creditors Arrangement Act (the “CCAA”). We have previously commented on this topic in our article discussing Re Timminco, where the Ontario Court permitted a lifting of the stay of proceedings to permit the pursuit of a class-action proceeding that had not been filed by the claims bar date. In this case, among other things, the Court reviewed a preferred shareholder claim that had been deemed to be accepted as a debt claim in accordance with a “negative option” claims procedure. Notwithstanding the claims resolution mechanics set out in the claims procedure order and the debtors’ acceptance of the claim in accordance with such order, the Court exercised its discretionary authority to review the claim in light of the objectives of the CCAA and recharacterized the claim as an equity claim.
Facts

(posted 3 days 22 hours ago)

A lien gives your creditor to repossess and sell your property if you don’t pay.  A mortgage creates […]
The post I want to file for bankruptcy. Can I sell my tools, jewelry, or car with a lien on it beforehand? appeared first on LakeLaw.

Lake Law Blog
(posted 3 days 23 hours ago)

The SEC has approved Auditing Standard No. 18, adopted by the PCAOB in June. The standards become effective for audits of financial statements for fiscal years beginning on or after December 15, 2014, including for emerging growth companies (ECGs).  

(posted 3 days 23 hours ago)
An attendee demonstrates the Apple Watch after a product announcement at Flint Center in Cupertino, Calif., on Sept. 9.
Bloomberg

Some of the army of bankruptcy advisers guiding GT Advanced Technologies Inc. through bankruptcy by way of a fast settlement with Apple Inc. have counted Apple as a client, or still do, and those connections call for a close look, legal experts say. Read the Daily Bankruptcy Review article here.
(Daily Bankruptcy Review is a daily newsletter with comprehensive coverage and analysis of emerging and in-progress insolvencies and turnarounds. For a two-week trial, visit our homepage, scroll to the bottom and click “try for free.”)

WSJ.com: Bankruptcy Beat
(posted 4 days 32 min ago)

Receiving Wide Coverage ...

The Results Are In: Most of the eurozone's big banks have enough capital to survive an economic upset, according to the results of regulators' long-awaited stress tests. Of the 130 banks under review, 13 were identified as needing to shore up $12 billion in additional capital. Italy had the largest share of financial flunkies, with Greece and Cyprus next in line. The Wall Street Journal applauds the European Central Bank for including...

BankThink
(posted 4 days 38 min ago)

U.S. companies should aim to have women occupy half of all senior management positions by 2020, writes MUFG Union Bank's CEO.

BankThink
(posted 4 days 9 hours ago)

You are embroiled in a contentious trade secret lawsuit. In the midst of the litigation, your competitor files for bankruptcy and proposes to sell its assets. Do those assets include the trade secrets? Which court makes that determination?
To find out how one bankruptcy court addressed these issues, click on the link below to an article written by Angie Offerman and recently published in the ABI Technology & Intellectual Property Committee Newsletter: http://committees.abi.org/committees/technology-and-intellectual-property/posts/2014/bankruptcy-court-it-is-the-proper-forum-for-trade-secret-dispute
 
 
 
The post Bankruptcy Court: It Is the Proper Forum for Trade Secret Dispute appeared first on Insolvency Insights.

Insolvency Insights
(posted 4 days 20 hours ago)

Pirinate Consulting Grp., LLC v. Styron LLC (In re Newpage Corp., et al.), Adv. Proc. No. 13-52443 (KG), 2014 WL 4948421 (Bankr. D. 

Del. Oct. 1, 2014)
In the wake of the Third Circuit’s Friedman’s opinion, the Court in this decision addressed whether a preference defendant who draws on a letter of credit post-petition may still credit the relevant amounts as subsequent new value under section 547(c)(4) of the Bankruptcy Code.  In denying cross motions for summary judgment on the issue, Judge Kevin Gross illustrated that Friedman’s does not provide a bright line rule in all cases, and that a court may still examine the effect of a post-petition payment on the debtor’s estate before determining whether new value related to the payment may be credited against preference liability under the statute. Read More ›
Tags: Avoidance Actions, Preferences

Delaware Bankruptcy Insider
(posted 4 days 22 hours ago)