Articles

08.01.20

Municipal Bankruptcy in the Time of COVID-19

Manatt bankruptcy partner Ivan Kallick, and government and regulatory partner Randall Keen, and associate Jacob Itzkowitz authored an article for Public Management Magazine discussing the impact of COVID-19 on Chapter 9 bankruptcies, and the options that the current crisis has created for ...


07.10.17

Bank Holding Company Execs Not Entitled to Insurance Coverage

By Ivan L. Kallick, Partner, BankruptcyIs a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth Circuit, has ruled, finding that ...


04.10.15

Consumer Data in Bankruptcy: Saleable Asset or Liability?

A national retailer files Chapter 11 with the intent to liquidate assets. Among the assets to be liquidated are millions of customer email addresses and personally identifiable information collected at the point of sale over the course of many years in operation. Are these consumer records assets ...


03.19.15

Fraudulent Transfers and Ponzi Schemes Meet the Media

Mainstream media—TV, radio, newspapers, magazines, the Internet—exist and prosper in no small part as a result of their ability to sell and be paid for advertising. While subscriptions, fees and retail sales generate important revenues, it has long been the case that the placement and ...


02.11.15

CalPERS Won the Battle, but Not the War

Much has been written and much has been said about the Chapter 9 proceeding involving the city of Stockton. In re City of Stockton, California, 12-32118-C-9 (Bankr. E.D. Cal.).In October 2014, U.S. Bankruptcy Judge Christopher M. Klein verbally announced in open court his decision to confirm the ...


12.04.14

To WARN or Not to WARN, That is the Issue the Court Faced

Must a financially troubled employer, anticipating that a sale of its business will solve its financial problems, give federally mandated layoff notices to its employees? And, having decided not to give the notices, what happens to the employer when the sale fails to close? To WARN or not to WARN, ...


09.12.13

Assets Held By Charitable Organizations Are Safe From Claims or Creditors In Bankruptcy Cases … Or ...

A charity, fulfilling its charitable mission, is successful in raising money for a variety of worthy projects—rebuilding after a natural disaster, medical education and care, summer camp experiences for disadvantaged children, or financial support for senior centers. Everyone agrees that ...