Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Fox Rothschild LLP
On May 1, 2016, BIND Therapeutics, Inc., and affiliated companies ("Debtors" or "BIND") voluntarily filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code.
Fox Rothschild LLP
The debtor has two years from the date it filed its petition for bankruptcy to file a complaint seeking the recovery of a preference payment.
Fox Rothschild LLP
Recently in the Abengoa SA bankruptcy proceeding, the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to reject certain nonresidential real property leases.
Morrison & Foerster LLP
What showing must creditors make to be granted the right to prosecute claims on behalf of the bankruptcy estate?
Stoll Keenon Ogden PLLC
The bankruptcy court grants the trustee and creditor's motion to reconsider the Court's entry of an order of discharge.
Hughes Hubbard & Reed LLP
On April 8, 2016, the Eleventh Circuit Court of Appeals held that a district court trying a bankruptcy case arising under title 11 of the United States Code is obliged to follow the Federal Rules of Bankruptcy Procedure...
Herrick, Feinstein LLP
Stephen Selbst authored an article analyzing a number of cases affecting the rights of secured creditors seeking to credit bid in a bankruptcy.
Poyner Spruill LLP
In 2008, Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers up to 9 months after the end of the period of military service.
Caplin & Drysdale
This matter arose in the context of a state court action in Fulton County, Georgia, where Marlos L. Chenault and Shayrika L. Chenault (the "Plaintiffs") filed a lawsuit in October 2012 alleging damages...
Hughes Hubbard & Reed LLP
The Bankruptcy Court's decision poses implications for professionals faced with the prospect of defending their fees in bankruptcy cases, who may now be compelled to shoulder the expenses of a potential fee defense...
Fox Rothschild LLP
In a 13 page decision, released April 22, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion to dismiss an adversary proceeding and sanctioned the Plaintiff...
Stites & Harbison PLLC
Sometimes we forget that the Federal Rules of Bankruptcy Procedure differ from the Federal Rules of Civil Procedure by more than just the numbering scheme that adds two digits to the front of the bankruptcy rules.
Duane Morris LLP
In In re Zair, the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of "forced vesting" through a chapter 13 plan.
Stoll Keenon Ogden PLLC
The bankruptcy court denies the U.S. Trustee's motion to dismiss the Chapter 12 case. The debtors testified at their § 341 meeting of creditors that they had not engaged in a farming operation since two years before the petition was filed and did not intend to return to farming.
Stites & Harbison PLLC
Until 2016, Kentucky was one of just a few states that had not adopted a model statute relating to fraudulent transfers.
Sheppard Mullin Richter & Hampton
The doctrine of equitable mootness provides that Chapter 11 reorganization plans will be deemed moot, and therefore not subject to appellate review, if a plan has been substantially consummated...
Fox Rothschild LLP
Judge Walrath of the Delaware Bankruptcy Court granted a defendant's motion to dismiss a preference complaint, but granted the plaintiff leave to amend.
Hughes Hubbard & Reed LLP
Section 1110 of the Bankruptcy Code provides special protections to lenders and lessors that lease, finance, or conditionally sell aircraft equipment.
Andrews Kurth LLP
Timing is everything—the value of a contract may be preserved by prompt action before and during a counterparty's bankruptcy.
Fox Rothschild LLP
As referenced in a prior post, on April 7th, Pacific Sunwear of California, Inc. (aka PacSun, aka Pacific Sunwear) filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.
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Fox Rothschild LLP
The Spanish renewable energy solar company giant, Abengoa SA and its American affiliates, have filed for bankruptcy protection before the U.S. Bankruptcy Court for the District of Delaware.
Fox Rothschild LLP
On March 15 and 16, 2016, the Debtors in the Sports Authority bankruptcy, Case No. 16-10527, filed approximately 161 adversary complaints against consignment vendors.
Jones Day
In connection with Sabine's effort to restructure, Sabine filed a motion to reject the gathering agreements with Nordheim and HPIP.
Akin Gump Strauss Hauer & Feld LLP
With the extended collapse in energy prices, many exploration and production (E&P) producers are now focused on not only adjusting their own drilling activities, but also on carefully assessing their partners' financial positions...
Fox Rothschild LLP
As referenced in a prior post, on April 7th, Pacific Sunwear of California, Inc. (aka PacSun, aka Pacific Sunwear) filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.
Fox Rothschild LLP
Since my April 8th blog post, Curtis James Jackson III, better known as rapper 50 Cent ("Jackson"), filed his proposed First Amended Plan and Disclosure Statement.
Fox Rothschild LLP
I'll share more news on Jackson's proposed happy ending next week.
Fox Rothschild LLP
On April 7, 2016, Pacific Sunwear of California, Inc. (aka PacSun, aka Pacific Sunwear) filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.
Jones Day
The world's second-largest economy (China) stumbled; Japan receded; the U.K. showed signs of life; the war-torn Middle East reeled; oil revenue-dependent Russia, Brazil, and Venezuela took body blows; and the European Union exhaled after narrowly avoiding Grexit (and possibly Brexit), only to confront a refugee crisis of alarming (and expensive) proportions, as well as a demonstrated terrorist threat from the self-proclaimed Islamic State.
Fox Rothschild LLP
In an 11 page decision signed March 29, 2016, Judge Walrath of the Delaware Bankruptcy Court revised a calculation of new value pursuant to an order from the District Court remanding the case.
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