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From The Top In Brief – May/June 2018
On April 3, 2018, the U.S. Supreme Court issued an order that, in light of its recent ruling in Merit Management Group LP v. FTI Consulting Inc.
United States
8 Jun 2018
2
Patently Abusive Chapter 11 Cases Filed By Non-Financially Distressed Companies Dismissed For Bad Faith
In the service of the Bankruptcy Code's goals of giving debtors a "fresh start" and ensuring that estate assets are fairly and equally distributed ...
United States
8 Jun 2018
3
Trademark Licensee Retains Rights Post-Rejection
The Bankruptcy Court for the District of Connecticut in In re Sima Int'l, Inc., Case No. 17-21761, 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), recently held that rejection of a license agreement ...
United States
8 Jun 2018
4
Supreme Court Says Creditors Must ‘Get It In Writing'
On June 4, the U.S. Supreme Court sent a clear message regarding the requirements for non-dischargeability under the Bankruptcy Code, holding that a debtor's misleading statement...
United States
8 Jun 2018
5
A Lesson In DIP Financing Due Diligence
The Bankruptcy Code contains an array of provisions designed to encourage lenders to provide debtor-in-possession ("DIP") financing in chapter 11 cases, including authorization of "superpriority"...
United States
8 Jun 2018
6
Foreign Debtors' Forum Shopping Warranted Stay Of U.S. Avoidance Litigation
Even if a U.S. court has jurisdiction over a lawsuit involving foreign litigants, the court may conclude that a foreign court ...
United States
8 Jun 2018
7
Cybersecurity And Potential Healthcare Bankruptcy: The Continuing Intersection Of Data And Disaster
This article will identify the various means by which third parties can easily access data, what data theft can lead to, and how several organizations, including healthcare companies...
United States
7 Jun 2018
8
What Is Collateral In A Bankruptcy Reorganization?
The bankruptcy of Energy Future Holdings has spawned numerous decisions in the various segments of its Chapter 11 case.
United States
6 Jun 2018
9
When A Bankruptcy Plan Precludes Inquiry Into The Conduct Of A Trustee
In yet another of the many cases against Residential Mortgage Backed Securities (RMBS) trustees for their alleged responsibility for losses suffered by investors, Judge Jesse Furman...
United States
6 Jun 2018
10
SDNY District Court Upholds Substantive Consolidation To Eliminate Guarantee Claims
The District Court for the Southern District of New York, in In re Republic Airways Holdings Inc., 582 B.R. 278, affirmed the Bankruptcy Court for the Southern District of New York decision...
United States
5 Jun 2018
11
Supreme Court Resolves Circuit Split Over Application Of Section 546(e) To Transactions Involving Conduits
The Supreme Court's recent decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by or to entities that are not "financial institutions"...
United States
31 May 2018
12
Milbank Secures Victory For JD Holdings In $1.2B Chapter 11 Bankruptcy Proceedings Of John Q. Hammons Hotels And Resorts
Milbank, Tweed, Hadley & McCloy LLP recently secured confirmation of its client JD Holdings' creditor-proposed chapter 11 bankruptcy plan of reorganization for over 70 debtors affiliated...
United States
25 May 2018
13
Eighth Circuit Holds That Non-Profit, Non-Bankrupt Entities Are Insulated From Substantive Consolidation
The Eighth Circuit affirmed the District Court of Minnesota and the Bankruptcy Court in holding that section 303(a) of the Bankruptcy Code prohibits the substantive consolidation of non-debtor non-profit schools...
United States
18 May 2018
14
Courts Expand Eligibility For Chapter 13 Bankruptcy Of Persons Seeking To Discharge Outstanding Student Loans
Chapter 13 of the United States Code's eleventh title "permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual's exact circumstances,"...
United States
15 May 2018
16
Association Of Commercial Finance Attorneys' 2018 Annual CLE Weekend
Richard Levy, Jr., Co-Chair of Pryor Cashman's Bankruptcy, Reorganization + Creditors' Rights Group, will once again be a panelist at the Annual CLE Weekend of the Association of Commercial Finance Attorneys ...
United States
3 May 2018
17
Courts Have The Flexibility To Select Valuation Date In Cram Down Scenario; Fifth Circuit Remands To Bankruptcy Court For Re-Valuation Based On Improper Deduction Of Waived Fees
The Fifth Circuit in Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C. (In re Houston Regional Sports Network, L.P.), 886 F.3d 523 (5th Cir. 2018) ...
United States
2 May 2018
18
Debt Dialogue: April 2018
We present the April 2018 issue of Debt Dialogue, Kramer Levin's online newsletter devoted to legal developments of interest affecting borrowers and issuers, lenders and security holders ...
United States
2 May 2018
19
Bon Ton–Will Avoidable Preference Exposure Make A Creditor's Bad Situation Worse?
Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson's, Bon Ton, Bergner's, Elder-Beerman ...
United States
1 May 2018
20
Avanti Bankruptcy Court Enforces Nonconsensual Third-Party Releases In Chapter 15 Proceeding
Nonconsensual third-party releases in the Chapter 15 context may be gaining traction following a recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York.
United States
1 May 2018
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