Publications

Category: Business Reorganization

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...

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.

The Fitness of RECHARACTERIZATION: Fitness Holding affirms a nuanced, fact-based analysis of insider financing

Los Angeles Lawyer Magazine, December 2013 edition publishes an article by David S. Kupetz, “The Fitness of RECHARACTERIZATION: Fitness Holding...

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...

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...

Creditors’ Committees: Powerful Tools for Unsecured Creditors

The Source, Volume 12 No. 3 September 26, 2008   Click Here to Read Article