Category Archives: Bankruptcy

Free Legal Form of the Month

PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. To showcase this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

April’s free form:

Sample Interim DIP Financing Order

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.
Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

Send us an email at plus@pli.edu to learn more.

Treatise Update – Bankruptcy Deskbook (Fifth Edition)

Bankruptcy Deskbookguides you step-by-step through the bankruptcy laws and all chapters of the Bankruptcy Code. It clarifies the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12, and 13 in the era of BAPCPA. It also keeps you up-to-date on legal developments, analyzing recent Supreme Court, court of appeals, and bankruptcy court decisions. With its practical guidance, the book enables you to help clients achieve fair remedies and ensure the prevention of legal problems along the way.

Some of the important new developments discussed in this release include:

A court ruling regarding whether proper completion of Official Form 105 satisfies the minimum pleading requirement for an involuntary petition in the face of a debtor’s motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure (see Section 3:5).
A circuit split as to whether the Supreme Court ruling in BFP applies to tax foreclosures conducted in accordance with state law (see Section 6:4.3).
A Sixth Circuit decision in which the court considered the adoption of a six-month look-back rule that would permit a debtor to continue making post-petition voluntary contributions to a retirement account at the same level that was contributed during the six months prior to the petition (see Section 13:3).
Recent case law on various elements of a subchapter V case, on which courts are not in full agreement (see Section 11:12.2).

Additionally, the deskbook’s chapters are supplemented with discussion of recent rulings on jurisdiction, avoidance of powers, automatic stays, distribution of estate property, claims and interests, discharge and dischargeability of debt, employment of professionals, Chapter 7, Chapter 11, Chapter 13, and other topics.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition)

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation is a comprehensive resource for all users of swap agreements and derivatives, from financial institutions to corporate end-users. The treatise defines the key terminology and identifies the major players, discusses the full range of required documentation, highlights best practices for the legal risk management of derivatives, and includes numerous practice-tested legal forms. Most importantly, it examines all significant, and often difficult-to-find, derivative transactions litigation cases from leading jurisdictions worldwide.

Highlights of this new release include:

Expanded section 1:1 explains the repercussions of the Texas energy crisis that occurred in February 2021, particularly with regard to how it relates to corporate end-users of derivative transactions.
Revised section 6:6.1 explores how additional termination events that are tied to the financial health of a counterparty could be specified conditions similar to having events of default as specified conditions.
Completely revised Chapter 9 examines the Dodd-Frank Act, EMIR, and MiFid II, and their implications on the OTC derivatives market in light of the 2020 revisions to Commodities Futures Trading Commission regulations.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Bankruptcy Deskbook

Bankruptcy Deskbook provides readers with practical guidance to help their clients achieve fair remedies and to ensure they avoid legal problems along the way. This essential treatise keeps readers up-to-date on legal developments, analyzing recent Supreme Court, court of appeals and bankruptcy court decisions. It offers step-by-step guidance through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12 and 13 in the era of BAPCPA.

The latest release, written by Steven J. Brujic, includes updates, such as:

A new subsection on subchapter V debtors in Chapter 11 cases;
Extension of payments under Chapter 13 reorganization plans as a result of the CARES Act
Recent rulings affecting most major topics in the book including: jurisdiction, avoidance powers, automatic stays, distribution of estate property, claims and interests, discharge and dischargeability of debt, employment of professionals, Chapter 11, and Chapter 13.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! The Deal Lawyer’s Weapons in the War on COVID-19

PLI Press is pleased to announce the publication of The Deal Lawyer’s Weapons in the War on COVID-19, a new treatise on the basic legal and economic principles a deal lawyer is likely to face in advising clients on issues arising out of the COVID-19 crisis.

Written by the esteemed author of Mergers, Acquisitions and Tender Offers, this timely title helps lawyers quickly identify many of the business law issues that arise as a result of COVID-19 in areas including:

Benefits adopted by the CARES Act (e.g., the Paycheck Protection Program)
Financial assistance adopted the Federal Reserve Board
Corporate and securities laws
Antitrust laws
Federal income tax
Regulation of cross-border transactions
Valuation of companies
Contract drafting
Bankruptcy

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Upcoming Bankruptcy Law Webinar

We received several customer requests to review this timely topic, and so on Thursday, July 30 at 2:00 p.m. ET PLI’s Library Relations Manager, Kay Mitchell, will provide a brief demo to highlight the Bankruptcy Law resources available on Practising Law Institute’s online research database, PLI PLUS. Kay will cover popular Bankruptcy Law titles and review research scenarios to demonstrate key features of PLI PLUS. PLI PLUS subscribers can register here.

POPULAR BANKRUPTCY LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database. For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Treatise Update: Bankruptcy Deskbook

Bankruptcy Deskbook (Fifth Edition) keeps readers up-to-date on legal developments, analyzing recent Supreme Court, court of appeals and bankruptcy court decisions. Designed as a primary source for non-specialist attorneys, this concise reference treatise acts as a step-by-step guide through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12 and 13 in the era of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

In this release, all fourteen chapters are updated with the most recent rulings affecting bankruptcy practice, along with expanded and clarifying discussions of existing topics. Developments discussed in this release include:

Small Business Cases: The Small Business Reorganization Act of 2019, effective February 19, 2020, created a new form of Chapter 11—the subchapter V case—for small business debtors, offering an alternative form of relief to that provided by the small business case. See Chapter 11.
Domestic Support Obligations: The BAPCPA clarified the circumstances under which an obligation arising out of a marital dissolution is dischargeable by introducing the concept of the “domestic support obligation.” See Chapter 1 and Chapter 9.
Avoidance: The Small Business Reorganization Act of 2019 added a new clause to section 547(b) regarding trustee avoidance actions, the purpose of which is to require the trustee to conduct an investigation into alleged preferences, rather than simply sue anyone who the debtor’s ledger indicates received a payment in the ninety days prior to the petition. See Chapter 6.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.