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