Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Fox Rothschild LLP
ATopTech, Inc. ("ATopTech" or "Debtor"), an electronic design automation software company manufacturing software solutions for engineers to assist them in the physical design of integrated circuits...
Kramer Levin Naftalis & Frankel LLP
This alert examines a recent decision by the Southern District, which clarifies the scope of bondholder rights protected by TIA Section 316(b).
Fox Rothschild LLP
Michael J. Viscount, Jr. was featured in the Philadelphia Magazine article, "Lithe Method Founder Lauren Boggi Declares Bankruptcy."
Proskauer Rose LLP
On October 11, 2016, Martin Smith petitioned the Supreme Court for a writ of certiorari to review a decision by the Ninth Circuit. After Smith failed to file a timely tax return...
Orrick
Orrick Restructuring Senior Counsel Marc Levinson is one of the chapter 9 experts assisting in the preparation of a chapter 9 manual for bankruptcy judges and court clerks that has been posted on the website...
Fox Rothschild LLP
Michael A. Sweet was featured in the San Bernardino County Sun article, "With Bankruptcy Ending, Will Normalcy Return to San Bernardino in 2017?"
Fox Rothschild LLP
Modular Space makes, leases and sells office trailers, mobile offices, temporary classrooms, modular office complexes and portable storage units.
Stites & Harbison PLLC
Last year, we posted about Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), where the Second Circuit Court of Appeals decided to ignore the "Valid When Made" doctrine.
Fox Rothschild LLP
From December 15-21, 2016, the Seal123, Inc. Liquidation Trust filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers...
Kramer Levin Naftalis & Frankel LLP
In a recent case arising out of the bankruptcy of the Yellowstone Mountain Club, a private ski club for the ultrawealthy, Blixseth v. Brown (In re Yellowstone Mountain Club, LLC) (9th Cir. Nov. 28, 2016)...
Kramer Levin Naftalis & Frankel LLP
In a three-line order, the Delaware Supreme Court recently affirmed the Court of Chancery's dismissal of a suit by a creditor against Athilon Capital Corp.
Kramer Levin Naftalis & Frankel LLP
From time to time, you may be seeing references to the Uniform Voidable Transactions Act (UVTA). Indeed, since 2014, the law has already been enacted in nine states and introduced in another seven states...
Kramer Levin Naftalis & Frankel LLP
In a recent decision in the Southern District of New York, the court addressed a challenge to a secured-for-unsecured debt exchange offer that raised and answered a host of questions...
Kramer Levin Naftalis & Frankel LLP
Until reactions to recent cases, it was rare but not unheard of for loan documents expressly to address what happens to a contractual make-whole if a borrower seeks to make early payment...
Fox Rothschild LLP
Kathleen M. Aiello and Michael R. Herz were contributing authors to "Understanding Ordinary: A Primer on Financial and Economic Considerations for the Ordinary Course Defenses to Bankruptcy...
Fox Rothschild LLP
In the recent decision of George L. Miller v. Edward Welke, et al. (In re United Tax Group, LLC), Adv. Pro. No. 16-50088 (LSS), the Delaware Bankruptcy Court considered a motion for judgment on the pleadings in connection with the Trustee's complaint asserting preference and fraudulent transfer claims.
Duane Morris LLP
In its recent decision in Tempnology LLC, n/k/a Old Cold, LLC v. Mission Product Holdings, Inc., the U.S. Bankruptcy Appellate Panel for the First Circuit rejected the Fourth Circuit's holding in . . .
Kramer Levin Naftalis & Frankel LLP
Many practitioners and in-house counsel are familiar with the use of non-disclosure agreements (NDAs) in a variety of contexts, including litigation discovery and corporate due diligence.
Orrick
The United States Supreme Court heard oral arguments on December 7, 2016 in Czyzewski v. Jevic Holding Corp. The case poses a question that has divided the Second, Third, and Fifth Circuits...
Davis & Gilbert
Some marketplace lenders have changed the structure of transactions in response, but not without additional uncertainty and added costs.
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Orrick
On January 1, 2017, certain amendments to California's current statutory schemes for authorizing Property Assessed Clean Energy (PACE) financing programs will become effective.
Davis & Gilbert
In response to the growing balance of student loan debt in the United States, lawmakers have proposed legislation that would eliminate the most lender-protective feature of student loans...
Kramer Levin Naftalis & Frankel LLP
In a recent case arising out of the bankruptcy of the Yellowstone Mountain Club, a private ski club for the ultrawealthy, Blixseth v. Brown (In re Yellowstone Mountain Club, LLC) (9th Cir. Nov. 28, 2016)...
Duane Morris LLP
In its recent decision in Tempnology LLC, n/k/a Old Cold, LLC v. Mission Product Holdings, Inc., the U.S. Bankruptcy Appellate Panel for the First Circuit rejected the Fourth Circuit's holding in . . .
Cadwalader, Wickersham & Taft LLP
The MFA recognized that the FDIC proposal is part of a series of actions that address the "too-big-too-fail" problem by improving the resolvability of systemically important U.S. banking...
Reinhart Boerner Van Deuren S.C.
In a recent decision, In re Quantum Foods, LLC, the bankruptcy court in the District of Delaware confronted the issue of whether a creditor holding an unpaid administrative claim...
Kramer Levin Naftalis & Frankel LLP
In a recent decision in the Southern District of New York, the court addressed a challenge to a secured-for-unsecured debt exchange offer that raised and answered a host of questions...
Kramer Levin Naftalis & Frankel LLP
From time to time, you may be seeing references to the Uniform Voidable Transactions Act (UVTA). Indeed, since 2014, the law has already been enacted in nine states and introduced in another seven states...
Kramer Levin Naftalis & Frankel LLP
Until reactions to recent cases, it was rare but not unheard of for loan documents expressly to address what happens to a contractual make-whole if a borrower seeks to make early payment...
Fox Rothschild LLP
The Court agreed with the U.S. Trustee that the liability releases contained in the Chapter 11 plan are broad. However, the Court found that they do not violate the Bankruptcy Code and were necessary...
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