Publications

Category: Bankruptcy

Default Rate Interest — Valid Under California Law?

Default rate interest provisions are standard language in business loan agreements. Default interest constitutes an additional amount to be paid...

What Happens in Detroit Comes Back to California

by Victor A. Sahn Published in the December 11, 2013 Edition of the Los Angeles Daily Journal On Dec. 5,...

Substantive Consolidation: The Bankruptcy Court’s Power to Pierce Corporate Veils

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 bankruptcy court has the power, in the exercise of its equitable jurisdiction, to disregard the separate existence of corporate entities and to effect a substantive consolidation in appropriate cases. Thus, the doctrine of substantive consolidation enables a bankruptcy court to pierce corporate veils in order to reach assets for the satisfaction of debts of a related corporation.

Trend Catch: WARN Act Claims in Bankruptcy Cases

As featured in Los Angeles Daliy Journal on October 7, 2013 Several firms around the country appear to be making...

Mandatory Subordination of Claims for “Damages Arising From the Purchase or Sale” of a “Security” Under Bankruptcy Code Section 510(b)

Mandatory Subordination of Claims for “Damages Arising From the Purchase or Sale” of a “Security” Under Bankruptcy Code Section 510(b)...

Designating Votes on Chapter 11 Plans for “Ulterior” Motives

Designating Votes on Chapter 11 Plans for “Ulterior” Motives article by David S. Kupetz Published in the Norton Annual Survey...