Category Archives: Uncategorized
Substantive Consolidation: The Bankruptcy Court’s Power to Pierce Corporate Veils
by David S. Kupetz Published by Thomson Reuters in the Norton Journal of Bankruptcy Law & Practice (volume 23, issue 1, February 2014). ARTICLE PREVIEW: Substantive consolidation is the merging of the assets and liabilities of two or more related debtors into a single pool to pay creditors. Cases decided under the Bankruptcy Code and its predecessor, the Bankruptcy Act, have established that a …
The Fitness of Recharacterization
Los Angeles Lawyer Magazine, December 2013 edition by David S. Kupetz The entitlement of creditors’ claims to distribution ahead of holders of equity interests in the debtor is inherent in the Bankruptcy Code. Treating an equity investor on a par with unsecured creditors disregards the principles underlying the absolute priority rule in a manner that undermines this basic bankruptcy concept. Consequently, the similar, and …
In Light of Detroit’s Bankruptcy Eligibility Ruling, David Kupetz shares recent Chapter 9 Publications and Webcast Recording
With the Judge presiding over Detroit’s chapter 9 case ruling on December 3, as expected, that Detroit is eligible for bankruptcy relief, I thought it might be a good idea to share materials I have written about Chapter 9. CLICK HERE TO ACCESS CHAPTER 9 FOCUSED ARTICLES AND WEBCAST RECORDING
‘Girls Gone Wild,’ Mantra Films Trustees Reach IP Deal
Law360, Los Angeles (November 19, 2013, 8:32 PM ET) — The bankruptcy trustee of the California company behind the “Girls Gone Wild” video series asked the court Monday to approve a settlement with the Chapter 7 trustee of Mantra Films Inc., which would favorably resolve claims that the debtors sold videos owned by Mantra. The settlement comes three months after a federal bankruptcy judge …
David Kupetz to Speak on a Media Restructuring Panel
Acquiring Distressed Entertainment, Media and Communications Companies: Strategies and Tips for Success from Bidding to Closing Join David Kupetz on 12.19.13, at 11 a.m. PST, via Expert Webcast, to discuss the process of acquiring distressed companies has become hyper-competitive and increasingly complex, even more so in the Entertainment, Media and Communications (“EMC”) space. The panel will address the strategies and tips for success from …
Webcast Recording and Resources:
David Kupetz discusses strategies to reduce business obligations of a Company to reposition the business for growth and possible sale on Expert Webcast. Click here to access the Webcast recording and presentation materials