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1
Increase In Regulatory Expense For Debtor-In-Possession Revolving Credit Facilities
The United States Court of Appeals for the Seventh Circuit held that payments made by a debtor's customers to its lender converting a pre-petition loan to a post-petition loan constituted
United States
22 Aug 2019
2
California AG Aims To Block County's Purchase Of Two San Jose-Area Hospitals
On January 9, 2019, California Attorney General Xavier Becerra filed a motion with the U.S. Bankruptcy Court for the Central District of California – Los Angeles Division (the "Court") ...
United States
24 Jan 2019
3
Double Whammy: In A Sweeping New Opinion, The Ninth Circuit Creates A New Mechanism For Completely Wiping Out Unexpired Leases In Bankruptcy, And Also Undercuts A Critical Protection For Buyers In 363 Sales
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
United States
13 Oct 2017
4
Second Circuit Holds That Contingent Equity-Based Compensation Of Former Lehman Employees Are Subordinate To Creditor Claims
In In re Lehman Bros. Holdings Inc. 855 F.3d 459 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit affirmed a district court order subordinating the claims of former Lehman Bros.
United States
29 Jun 2017
5
The Structure Of Dismissals – Supreme Court's Jevic Decision Lays Out Ground Rules For Parties Seeking To Resolve Bankruptcies Through The Increasingly Popular Method Of Structured Dismissals
The federal Bankruptcy Code is nearly 40 years old, and as one might expect, bankruptcy practice has evolved in a myriad of ways since its enactment.
United States
25 Apr 2017
6
Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context
In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions...
United States
25 Nov 2016
7
Medicare Board Of Trustees Releases 2016 Annual Report: Hospital Trust Fund Insolvency Projected By 2028
The Medicare Board of Trustees is calling for urgent legislative action to address the impending financial insolvency of the Medicare hospital benefit program.
United States
13 Jul 2016
8
Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower's Decision To File Bankruptcy
The Delaware Bankruptcy Court refused to enforce a provision in the debtor's LLC operating agreement requiring a unanimous vote of the debtor's members to authorize the debtor to file for bankruptcy.
United States
7 Jul 2016
9
Code May Include Fraudulent Transfers That Occur Without False Representations
The case arose when Chrysalis Manufacturing Corp. ("Chrysalis") could not satisfy approximately $164,000 in debt that it owed to Husky International Electronics, Inc. ("Husky").
United States
24 Jun 2016
10
Bachmanity – From Sizzle To Fizzle And Maybe Bachruptcy (Silicon Valley – Episode 24)
Big Head and Ehrlich's new business "Bachmanity" provides an insight into the risks associated with insolvency that unfortunately many start-ups face at some point.
United States
9 Jun 2016
11
Ninth Circuit Rulings On Equitable Mootness In Transwest And Sunnyslope Impact Third Party Investors
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...
United States
21 Apr 2016
12
Supreme Court Holds That Bankruptcy Courts Can Adjudicate Stern Claims
In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties provide "knowing and voluntary consent."
United States
3 Jun 2015
13
Delaware Chancery Court Holds That Creditor Plaintiffs In Derivative Suits May Satisfy Standing Requirement By Showing Corporation's Insolvency At Time Of Suit, Regardless Of Later Solvency
The creditor plaintiff in the case, Quadrant Structured Products Company, Ltd. ("Quadrant"), owned debt securities issued by defendant Athilon Capital Corp. ("Athilon").
United States
27 May 2015
14
Insolvency-Related Implications For The Oil & Gas Industry In The U.S.
Despite the tremendous growth and development of oil and gas resources in recent years, the industry is expected to be a boon for bankruptcy lawyers.
United States
15 Apr 2015
15
Second Circuit Holds That SIPA Does Not Permit An Inflation Or Interest Adjustment To "Net Equity" Claims For Customer Property
In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could be made under the Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. ("SIPA"), in calculating "net equity" claims for customer property.
United States
4 Mar 2015
16
Delaware Court Of Chancery Rejects Contemporaneous Ownership Requirement For Creditors Asserting Derivative Claims
The Delaware Court of Chancery held that when creditors of insolvent firms assert derivative claims, they need not meet the contemporaneous ownership requirement.
United States
29 Oct 2014
17
Sovereign Litigation In Latin America: Top Five Issues To Think Of When Doing Business With A Latin American Country
"We are in the soup" exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds. And so we are.
Argentina
28 Aug 2014
18
When Goods Are Shipped From Overseas, When Are They Considered "Received By The Debtor" For Purposes Of Asserting A Section 503(B)(9) Administrative Claim?
Despite its seemingly straightforward requirements, section 503(b)(9) has been the subject of litigation by debtors and creditors alike.
United States
11 Aug 2014
19
Dodd-Frank’s Intersection With The Bankruptcy Code Could Have Significant Impact For Unsecured Creditors
On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. v. Jacob J. Lew, et al. filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit in their appeal of the District Court’s decision that the plaintiffs lacked standing to challenge certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376.
United States
26 Mar 2014
20
Creditors’ Rights Clarified By Interpretation II Of The Supreme People’s Court On Several Issues Concerning The Application Of The Enterprise Bankruptcy Law Of The People’ Republic Of China
Understanding your rights as a creditor while navigating under China’s bankruptcy laws is becoming a must these days, especially for foreign creditors.
China
27 Dec 2013
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