Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Fox Rothschild LLP
In Rosenberg v. DVI Receivables XVII, LLC, the United States Court of Appeals for the Third Circuit held that Section 303(i) of the United States Bankruptcy Code does not preempt state law claims.
Shearman & Sterling LLP
Counsel Harald Halbhuber (New York-Capital Markets) wrote an opinion piece, titled "Congress Never Intended Windfall for Bond Holdouts," that was published by Forbes on September 23.
Jones Day
The first element requires that the communication be made between separate parties in the course of a matter of common interest.
Jones Day
Section 546 of the Bankruptcy Code imposes a number of limitations on a bankruptcy trustee's avoidance powers, including the power to avoid certain preferential and/or fraudulent transfers.
Jones Day
Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has been fully administered and the case is closed.
Jones Day
Following the public comment period, the Advisory Committee will decide whether to submit the proposed amendments to the Committee on Rules of Practice and Procedure.
Jones Day
In the alternative, the shareholders requested that the district court certify an interlocutory appeal to the Second Circuit.
Jones Day
Some state fraudulent transfer laws that may be utilized under section 544 have reach-back periods longer than two years.
Fox Rothschild LLP
It isn't only the athletic-wear retailers going through bankruptcy (Sports Authority and Golfsmith), but retailers on the other end of the athletic spectrum – think t.v. and tobacco.
Kutak Rock LLP
Two bankruptcy courts recently have issued opinions that invalidated "golden share" provisions in a bankruptcy-remote entity's organizational documents.
Fox Rothschild LLP
Mark A. Platt and Clinton J. David were featured in the Law360 article, "Fox Rothschild Nabs Restructuring Atty."
Masuda, Funai, Eifert & Mitchell, Ltd.
The federal district court in New Jersey recently denied an appeal by maritime creditors of Hanjin to lift bankruptcy protections and allow arrest of Hanjin's vessels in and near U.S. ports.
Cowles & Thompson, PC
The Southern District of Florida, issued an opinion that offered bankruptcy trustees seeking to avoid fraudulent transfers an opportunity to avoid such transfers occurring in the previous ten years.
Fox Rothschild LLP
Since publishing that post, the Trustee filed his amended complaint, to which the Defendant filed another motion to dismiss.
Fox Rothschild LLP
Yann Geron co-authored the Association of Insolvency & Restructuring Advisors Journal article, "Break Through the Barrage of Data with eDiscovery," in Vol.30 No.3 - 2016
Masuda, Funai, Eifert & Mitchell, Ltd.
A number of towage and bunker suppliers have requested the intervention of a district court judge to clarify whether the U.S. Bankruptcy Court has authority to "effectively extinguish... maritime liens" on chartered vessels.
Fox Rothschild LLP
Judge Sontchi considered whether motion to compel the arbitration of several claims. For the reasons set forth below, the Court denied the motion.
Duane Morris LLP
College students across the country have begun returning to campus for the start of the fall semester. This arrival heralds new opportunities, new friends and new classes.
Cadwalader, Wickersham & Taft LLP
The Office of the Comptroller of the Currency ("OCC") requested comments on a proposed rule to establish a framework for receiverships of non-FDIC insured banks.
Masuda, Funai, Eifert & Mitchell, Ltd.
Where shippers or forwarders cannot avoid exposure under their contracts, they may still have to resort to insurance.
Latest Video
Most Popular Recent Articles
Cowles & Thompson, PC
The Southern District of Florida, issued an opinion that offered bankruptcy trustees seeking to avoid fraudulent transfers an opportunity to avoid such transfers occurring in the previous ten years.
Masuda, Funai, Eifert & Mitchell, Ltd.
In China, where the largest number of Hanjin vessels have reportedly been arrested, the Model Law has not been adopted.
Troutman Sanders LLP
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the FDCPA...
Masuda, Funai, Eifert & Mitchell, Ltd.
Where shippers or forwarders cannot avoid exposure under their contracts, they may still have to resort to insurance.
Jones Day
Secured lenders have welcomed a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York in the chapter 11 cases of Aéropostale, Inc. and its affiliates.
Fox Rothschild LLP
On September 6th and 7th, 2016, Nathan A. Schultz, as Distribution Trustee of the TER Trust for the bankruptcy estate of Trump Entertainment Resorts, Inc., filed 92 complaints in preference action cases.
Fox Rothschild LLP
The U.S. Bankruptcy Court for the Southern District of New York held that certain priority payment provisions in swap agreements do not constitute impermissible ipso facto provisions...
Troutman Sanders LLP
In a published decision issued on August 25, 2016, the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") vindicated the position of Troutman Sanders' insurance company clients...
Kramer Levin Naftalis & Frankel LLP
A recent decision from the Southern District of NY may reopen a door which many had believed was all but closed for disgruntled creditors seeking to challenge failed LBOs as fraudulent conveyances.
Troutman Sanders LLP
The Wisconsin Circuit Court has held that the insurer of a dissolved and insolvent company is only responsible for covered liabilities in excess of the retention applicable under its policy.
Article Search Using Filters
Related Topics
Mondaq Advice Center (MACs)
Popular Authors
Popular Contributors
Up-coming Events Search
Tools
Font Size:
Translation
Channels
Mondaq on Twitter
Partners
In association with