Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Butler Snow LLP
On June 15, 2015, the Supreme Court of the United States made clear that attorneys and other professionals hired under §327(a) of the Bankruptcy Code are not entitled to fees for their time ...
Butler Snow LLP
In 2005, ASARCO LLC, a copper mining, smelting and refining company, was in financial trouble and filed for Chapter 11 bankruptcy.
BakerHostetler
This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies.
Stoll Keenon Ogden PLLC
Judge Lloyd confirms the Chapter 13 plan at 100% on condition that the debtors remit all tax refunds during the plan term to the Chapter 13 trustee for distribution to creditors.
Stoll Keenon Ogden PLLC
The district court affirms the bankruptcy court's approval of the attorney fee application.
BakerHostetler
This is the second in a series of Alerts regarding the proposals made by the American Bankruptcy Institute's Select Commission to Reform Chapter 11 Business Bankruptcies.
Stout Risius Ross, Inc.
Anadarko shares plunged 9.3 percent in after-hours trading on December 12, 2013, cutting its market value from approximately $42 billion to approximately $38 billion.
Stoll Keenon Ogden PLLC
The bankruptcy appellate panel affirms the bankruptcy court's orders. The debtor appealed two orders but failed to designate them or any related documents as part of the appellate record.
Stoll Keenon Ogden PLLC
The bankruptcy appellate panel affirms the bankruptcy court's order denying the debtor's motion to remove the chapter 11 trustee and its order denying the chapter 11 trustee's motion for instructions.
Stoll Keenon Ogden PLLC
The district court affirms the bankruptcy court's order denying the debtor a discharge for making false oaths in connection with his bankruptcy case.
Stoll Keenon Ogden PLLC
The bankruptcy court grants the trustee's motions to transfer coal mining leases under 11 U.S.C. § 363. The "lessor" argued that the agreements were leases, and thus § 365 should control.
BakerHostetler
This is the third in a series of Alerts regarding the proposals made by the American Bankruptcy Institute's Commission to Reform Chapter 11 Business Bankruptcies.
Butler Snow LLP
Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests...
Butler Snow LLP
A litigator in bankruptcy court is challenged with mastery of a trial lawyer's skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code.
Orrick
Issuing its third bankruptcy ruling in a month, the Supreme Court held, by a 6-3 margin, that the Bankruptcy Code does not permit awarding fees to debtor's counsel...
Stites & Harbison PLLC
On June 1, 2015, in a unanimous decision,* the U.S. Supreme Court ruled in Bank of America, N.A. v. Caulkett that debtors in Chapter 7 liquidation bankruptcies cannot void or "strip off" wholly underwater junior mortgages.
Stoll Keenon Ogden PLLC
The bankruptcy court held that certain transfers of real property and shares of stock were fraudulent transfers. The debtor had transferred the property to his wife without receiving adequate consideration.
Foley & Lardner
The Bankruptcy Code prevents an individual debtor from discharging certain debts, including, upon request of the creditor, debts for "fraud or defalcation while acting in a fiduciary capacity." 11 U.S.C. § 523(a)(4).
Orrick
In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds.
Reinhart Boerner Van Deuren S.C.
Secured lenders often look to the borrower's or guarantor's rights under insurance policies to improve their collateral position.
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Fox Rothschild LLP
In a 12 page decision released June 2, 2015, Judge Gross of the Delaware Bankruptcy Court gives us our first Delaware specific insight into how the U.S. Supreme Court's Wellness opinion will be interpreted.
Herrick, Feinstein LLP
The Second Circuit's recent decision in the Madoff clawback actions effectively limited the exposure period that "innocent investor" defendants face for the return of transfers they received in connection with the Bernie Madoff Ponzi scheme to two years prior to the date of its collapse.
Jones Day
Compared to much of the rest of the world, the United States had the most positive economic, business, and financial news in 2014.
Mayer Brown
The US Supreme Court has unanimously held that a debtor cannot void a wholly underwater second mortgage in Chapter 7 bankruptcy proceedings.
Troutman Sanders LLP
In Simon v. FIA Card Services, N.A., the United States District Court for the District of New Jersey addressed whether the defendants engaged in false, misleading, or deceptive conduct...
Morrison & Foerster LLP
June is crowded with celebrations. It feels like a Tokyo subway. June is the month of weddings, graduations, flag days, and dad daze.
Orrick
On March 30, we reported on two cases pending before the U.S. Supreme Court:Bank of America v. Caulkett1 and Bank of America v. Toledo-Cardona.
Foley & Lardner
Justice Breyer wrote a dissenting opinion in Baker Botts, in which Justices Ginsburg and Kagan joined.
Orrick
In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds.
Stites & Harbison PLLC
On June 1, 2015, in a unanimous decision,* the U.S. Supreme Court ruled in Bank of America, N.A. v. Caulkett that debtors in Chapter 7 liquidation bankruptcies cannot void or "strip off" wholly underwater junior mortgages.
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