Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Reinhart Boerner Van Deuren S.C.
As the economy recovers from the lingering financial crisis, lenders are now finding a robust market for the sale of going-concern companies.
Pepper Hamilton LLP
A chapter 7 trustee sued a manager of three LLC debtors for breach of fiduciary duty and to hold the manager personally liable for distributions made to members.
Fox Rothschild LLP
In the recent decision of In re Genco Shipping & Trading Ltd., the United States Bankruptcy Court for the Southern District of New York approved certain non-consensual third-party releases ..
Fox Rothschild LLP
In the recent Third Circuit decision of In re Lower Bucks Hospital, No. 13-1311 (3d Cir. July 3, 2014), the Third Circuit upheld the ruling of the Bankruptcy Court for the Eastern District ..
Fox Rothschild LLP
In a prior post, we discussed that a number of preference actions were filed in the MCG Limited Partnership, et al. bankruptcy proceeding by the Chapter 7 Trustee.
Pepper Hamilton LLP
A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after the bankruptcy petition was filed.
Duane Morris LLP
The Second Circuit issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be handled.
Pepper Hamilton LLP
A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition interest: If and when did it become oversecured and thus entitled to interest?
Herrick, Feinstein LLP
In Stern v. Marshall, the Supreme Court of the United States held that even though bankruptcy courts are statutorily authorized to enter final judgment on "core" bankruptcy related claims, Article III of the Constitution prohibits bankruptcy courts from finally adjudicating certain of those claims.
Stites & Harbison PLLC
In almost every out-of-court workout situation, when the negotiations get tough and the debtor does not like the terms proposed by the creditor, it is more than common for the debtor to state: "Well, we will just see you in bankruptcy court."
Pepper Hamilton LLP
A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage.
Reed Smith
One difficulty in applying the UFTA has been how a creditor proves that a debtor undertook a fraudulent transfer.
Pepper Hamilton LLP
A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county.
Pepper Hamilton LLP
A chapter 7 trustee sought to set aside a debtor’s transfer of her interest in property held jointly with her husband as a constructive fraudulent conveyance.
Jager Smith P.C.
Section 546(e) does not apply to or preempt a state law constructive fraudulent transfer claim to recover LBO payments to shareholders.
Shearman & Sterling LLP
Judge Jed S. Rakoff held that the Bankruptcy Code cannot be used to recover fraudulent transfers of funds that occur entirely outside the United States.
Pepper Hamilton LLP
The successful bidder at the sale appealed, arguing that the sale was "free and clear" of the tenant’s interests.
Sheppard Mullin Richter & Hampton
Despite its seemingly straightforward requirements, section 503(b)(9) has been the subject of litigation by debtors and creditors alike.
Fox Rothschild LLP
Michael A. Sweet was quoted in the Law360 article, "House Bill Would Open Up Ch. 9 To Puerto Rico Public Cos."
Arent Fox LLP
In the case of In re Lower Bucks Hospital, et al., the Third Circuit affirmed a decision of the United States Bankruptcy Court for the Eastern District of Pennsylvania.
Latest Video
Most Popular Recent Articles
Thompson Coburn LLP
A typical lender is often managing tens of thousands of accounts of all different types and in various states of financial health.
Jones Day
As in 2012, banking and financial services companies were conspicuously absent from the Top 10 List of public-company bankruptcy filings for 2013.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state.
Shearman & Sterling LLP
Facing the imminent bankruptcy of the federal Highway Trust Fund (the "HTF") and the specter of delays and reductions in payments from the HTF to the States, the US Congress last week passed the Highway and Transportation Funding Act of 2014, which extended federal surface transportation programs and funding through May 2015.
The Brattle Group
A recent opinion in the Genco Shipping valuation trial is a reminder that the discounted cash flow (DCF) method can sometimes lead one astray.
Orrick
Judge Jed S. Rakoff declined to extend the reaches of section 550(a) to permit the recovery of funds alleged to be fraudulently obtained in connection with Bernard Madoff’s Ponzi scheme.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
A trustee or debtor in bankruptcy may sell the bankrupt debtor’s property with bankruptcy court approval under §363 of the Bankruptcy Code.
Pepper Hamilton LLP
After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender.
Stites & Harbison PLLC
In almost every out-of-court workout situation, when the negotiations get tough and the debtor does not like the terms proposed by the creditor, it is more than common for the debtor to state: "Well, we will just see you in bankruptcy court."
Pepper Hamilton LLP
A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county.
Article Search Using Filters
Related Topics
Popular Authors
Popular Contributors
Tools
Font Size:
Translation
Channels
Mondaq on Twitter
Partners