Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Carlton Fields
The stipulation and the restructuring plan was then approved
Hughes Hubbard & Reed LLP
Lehman and MF Global Taught the Need to Prepare for the Next Financial Collapse​.
WilmerHale
Section 524(g)(4) also authorizes third-party releases for the benefit of a debtor's insurer.
Shearman & Sterling LLP
On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code ...
Freeborn & Peters LLP
On July 9, the Seventh Circuit ruled that the IDOR cannot collect delinquent retail and sales taxes from the proceeds of bankruptcy sales of several businesses because the IDOR did not present evidence of how much...
Milbank, Tweed, Hadley & McCloy LLP
Milbank, Tweed, Hadley & McCloy LLP recently secured a dismissal of an appeal seeking to undo the confirmed $1.2 billion chapter 11 bankruptcy plans that its client JD Holdings, L.L.C...
Duane Morris LLP
Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate ...
Kramer Levin Naftalis & Frankel LLP
On the other hand, the Debtor argued that the stated term of a lease referred only to the lease's specified calendar end date.
Kramer Levin Naftalis & Frankel LLP
The defendant was hired by a contractor of the debtor to acquire mineral interests in Oklahoma.
Kramer Levin Naftalis & Frankel LLP
Katy Industries Inc. manufactured, imported and distributed commercial cleaning and consumer storage products.
Kramer Levin Naftalis & Frankel LLP
In Shinhan Bank v. Lehman Brothers Holdings Inc. (In re Lehman Brothers Holdings Inc.), 17-2700 (2d Cir. July 17, 2018), the Second Circuit upheld the bankruptcy court's and district court's ruling that an email ...
Kramer Levin Naftalis & Frankel LLP
The Third Circuit, in a nonprecedential opinion in FBI Wind Down, Inc. Liquidating Trust v. Heritage Home Group, LLC (In re FBI Wind Down Inc.), Case No. 17-2315 (3d Cir. July 27, 2018), ...
Kramer Levin Naftalis & Frankel LLP
After the Third Circuit found that the appeal of confirmation of the Tribune Plan by two senior notes trustees was not equitably moot, Judge Sleet of the Delaware District Court held that the Tribune Plan's failure to strictly enforce ...
Holland & Knight
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), Case No. 17-13588, addressing the subsequent new value defense to a preferential transfer under Section 547(c)(4) of the U.S. Bankruptcy Code.
McDermott Will & Emery
The case involved claims of negligence and breach of fiduciary duty by members of the board and management team of a not-for-profit hospital, filed by the hospital's liquidating trust.
WilmerHale
In this article, published in the August 2018 issue of the American Bankruptcy Institute Journal, George Shuster and Benjamin Loveland discuss a recent decision in In re National Bank of Anguilla that provided an opportunity for the court to explain a coordinated vision for applying international comity principles in cross-border insolvencies.
Caplin & Drysdale
The court then found that failing to respond to a served summons and complaint constituted such a waiver.
Hogan Lovells
The Supreme Court, in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), recently resolved a circuit split in the interpretation of the Bankruptcy Code's safe harbor provision.
Hogan Lovells
On 23 May 2018, New York's Appellate Division, Second Judicial Department (an intermediate appellate court covering a vast swath of "downstate" New York) decided Soroush v. Citimortgage, Inc. ...
Troutman Sanders LLP
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
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Troutman Sanders LLP
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
Reinhart Boerner Van Deuren s.c.
Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson's, Bon Ton, Bergner's, Elder-Beerman and Herberger's flags, has been a retail mainstay in Wisconsin and the Midwest.
WilmerHale
In this article, published in the August 2018 issue of the American Bankruptcy Institute Journal, George Shuster and Benjamin Loveland discuss a recent decision in In re National Bank of Anguilla that provided an opportunity for the court to explain a coordinated vision for applying international comity principles in cross-border insolvencies.
Jones Day
In the wake of scandal-driven bankruptcies filed by nearly 20 U.S. Roman Catholic dioceses and religious orders, scrutiny has been increasingly brought to bear on the benefits and burdens...
Jones Day
In In re SIMA Int'l, Inc., 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), the U.S. Bankruptcy Court for the District of Connecticut ruled that a chapter 7 trustee's rejection of an intellectual property license agreement ...
Caplin & Drysdale
The court then found that failing to respond to a served summons and complaint constituted such a waiver.
Kramer Levin Naftalis & Frankel LLP
Katy Industries Inc. manufactured, imported and distributed commercial cleaning and consumer storage products.
Milbank, Tweed, Hadley & McCloy LLP
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a unanimous decision1 holding that the final rules implementing the requirements of Section 941 of the Dodd-FrankWall Street Reform and...
Jones Day
In In re Avanti Commc'ns Grp. PLC, 582 B.R. 603 (Bankr. S.D.N.Y. 2018), Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York entered an order under chapter 15...
Jones Day
On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S. June 4, 2018), that an individual debtor's false statement ...
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