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1
From The Top In Brief: U.S. Supreme Court Clarifies Whether Debts Based On False Statements Can Be Discharged In Bankruptcy
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 ...
United States
16 Aug 2018
2
Bankruptcy Court Lacks Power To Substantively Consolidate Nondebtor, Nonprofit Entities With Archdiocese Debtor
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...
United States
16 Aug 2018
3
Bankruptcy Court Enforces Nonconsensual Third-Party Releases In Chapter 15 Case
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...
United States
16 Aug 2018
4
Connecticut Bankruptcy Court Adds Fuel To The Fire In Debate Over Effect Of Rejection Of Trademark License
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 ...
United States
16 Aug 2018
5
Due-On-Sale Clause Not Mandatory In Cramdown Chapter 11 Plan, And Plan Acceptance Requirement Applies On "Per Plan" Basis
In Grasslawn Lodging, LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties, Inc.), the U.S. Court of Appeals for the Ninth Circuit considered, in connection with a "cramdown" chapter 11 plan, ...
United States
16 Aug 2018
6
Pyrrhic Victory In Palmaz: Creditors Entitled To D&O Insurance Claims, But Not D&O Insurance Payouts
A recent decision by the Bankruptcy Court for the Western District of Texas in In re Palmaz Scientific, 2018 WL 1036780
United States
15 Aug 2018
7
iMac G3 And iPod Helped Save Apple From Bankruptcy And Now Apple Is Worth $1 Trillion
The New York Times reported that "Apple became the first publicly traded American company to be worth more than $1 trillion when its shares climbed 3 percent to end the day at $207.39.
United States
14 Aug 2018
8
Counsel: Remember To Take A Look At The C-Suite
Recent events involving the former chief executive officer of Energy XXI serve as a reminder that chapter 11 counsel, committees and committee counsel should take a closer look at the C-suite.
United States
7 Aug 2018
9
No Seconds: Court Upholds Payments Under KERP Program As Waiver Of General Unsecured Claims Under Prepetition Retention Program
The District of Delaware Bankruptcy Court recently sustained the objection of the Litigation Trustee to the claims of three former employees (together, the "Claimants"), based on their participation
United States
7 Aug 2018
10
Second Circuit Affirms Bankruptcy Court's Exercise Of Jurisdiction Over Post-Confirmation Contractual Dispute
The United States Court of Appeals for the Second Circuit affirmed a Bankruptcy Court's exercise of jurisdiction over a post-confirmation contractual dispute between Relativity Media, LLC and Netflix, Inc. as a core proceeding.
United States
3 Aug 2018
11
Can An Out-Of-The-Money Junior Creditor Share In A Free-And-Clear Bankruptcy Sale?
On July 9, 2018, the U.S. Court of Appeals for the Seventh Circuit issued an important opinion raising the possibility that out-of-the-money junior creditors might be entitled to share...
United States
2 Aug 2018
12
English Law Routes Exhausted For Banco Espirito Santo Creditors:
The U.K. Supreme Court has closed off a challenge to the restructuring of Banco Espirito Santo (BES) under English law
United States
27 Jul 2018
13
Third Circuit Upholds Foreclosure Sale Against Preference Attack
On July 19, the Third Circuit Court of Appeals entered a decision upholding the results of a foreclosure sale ...
United States
26 Jul 2018
14
Crossing Borders—How B.C.I. Finances Broadened Chapter 15 Protections For Foreign Representatives
In a recent decision, the United States Bankruptcy Court for the Southern District of New York found that a relatively small retainer ...
United States
26 Jul 2018
15
Ninth Circuit: No Ulterior Motive, No Bad Faith When Buying Claims To Block Confirmation
A recent Ninth Circuit Court of Appeals decision provides insight into "bad faith" claims-buying activity; specifically whether a creditor's purchase of claims for the express purpose of blocking plan...
United States
26 Jul 2018
16
Ya Gotta Have [Good] Faith: Court Of Appeals For The Ninth Circuit Holds That In The Context Of Plan Voting, A Bad Faith Showing Requires More Than A Negative Impact On Creditors
When it comes to voting on a plan, Section 1126(e) of the Bankruptcy Code provides that a bankruptcy court may designate (or disallow) ...
United States
24 Jul 2018
17
In Re Franchise Services Of North America, Inc.: The Fifth Circuit Explores Restrictions On Bankruptcy Filing
In its recent ruling in In re Franchise Services of North America, Inc., the United States Court of Appeals for the Fifth Circuit held that an investor ...
United States
24 Jul 2018
18
You Get What You Get And You Don't Get Upset: Delaware Bankruptcy Court Enforces Anti-Assignment Clause
Although the bankruptcy court sustained the debtors' claim objection, it acknowledged that the modern and robust claims trading market allows for liquidity for noteholders on the one hand...
United States
23 Jul 2018
19
Ashwini Mehra Writes For CII Communiqué On Insolvency And Bankruptcy Code
Ashwini Mehra, Senior Advisor, Duff & Phelps was featured in CII Communiqué – the monthly newsletter of the Confederation of Indian Industry.
United States
20 Jul 2018
20
Non-Debtor Substantive Consolidation: Do Recent Cases Signal A Judicial Preference For State Law Claims?
It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy.
United States
18 Jul 2018
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