Bankruptcy

Bankruptcy Articles

• Practical Bankruptcy after BAPCPA “Reform” Legislation (the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 – Public Law 109-8)

  As you have most likely heard, April 20th of 2005 President Bush signed the BAPCPA bankruptcy "reform" legislation into law. There was much press coverage and public speculation about the practical meaning of these pervasive legislative changes to ...

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• Practitioners Beware: Timing Counts Does The Third Circuit Decision In TAMECKI Unreasonably Expand The Meaning Of “Bad Faith” As Applied To A Chapter 7 Debtor?

  In a troubling case of first impression, the Third Circuit upheld the dismissal of a debtor's Chapter 7 case under § 707 of the Bankruptcy Code on grounds that the debtor lacked good faith in filing for Chapter 7 relief. The debtor, who had been ...

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• Pre-Bankruptcy Planning for Plaintiffs

  Often litigation successes turn to profitless nightmares with the filing of a bankruptcy. A multi-million dollar judgment or a composite 20-year settlement agreement may be worthless against a defendant under bankruptcy protection, even if the ...

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• Producing Inefficiency: The Perishable Agricultural Commodities Act

  Originally enacted in 1930, the Perishable Agricultural Commodities Act ("PACA") was intended to protect the interests of producers of perishable agricultural commodities when they bring their products to market. Over the course of five decades, it ...

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• Proposed PCAOB Accounting Standard No. 2: An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements

  The SEC recently published for comment a proposed rule prepared by the Public Company Accounting Oversight Board ("PCAOB") relating to the standards that apply when an auditor is engaged to audit both a financial statement and management's ...

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• Proposed Rule Changes ‚ —Amendment to the Definition of “Foreign Private Issuer” and Adoption of IOSCO Disclosure Requirements for Foreign Private Issuers

  The U.S. Securities and Exchange Commission (the "Commission") is proposing to revise the disclosure requirements for foreign private issuers to conform to the international disclosure standards endorsed by the International Organization of ...

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• Proposed Securitization Amendments to the Bankruptcy Code Have Broad Implications

  On February 2, 2000 the U.S. Senate, by a vote of 83-14, passed an amendment (S 625) to the Bankruptcy Code which, if enacted, could significantly affect the way in which asset-backed and mortgage-backed securitizations are structured, and could ...

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• Questions and Answers on Bankruptcy

  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own ...

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• Recent Rulemaking Activity by the Securities and Exchange Commission Under the Sarbanes-Oxley Act of 2002

  The SEC has been extremely active lately on the rulemaking front, particularly with regard to the Sarbanes- Oxley Act of 2002 ("Sarbanes-Oxley" or "SOA"). Over the past six months, the Commission has issued no fewer than ten releases containing ...

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• Recent SEC Developments: Adoption of Plain English Disclosure Rules and Amendments to Beneficial Ownership Reporting Requirements

  The SEC recently adopted rules requiring the use of "plain english" in certain sections of prospectuses and amended the rules regarding the reporting of beneficial ownership. These new rules and amendments are summarized below. If you need further ...

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