Searching Content indexed under Insolvency/Bankruptcy by Reinhart Boerner Van Deuren s.c. ordered by Published Date Descending.
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Multiemployer Pension Plan Withdrawal Liability Claims—Discharge And Bar Dates: When Is A Claim A Claim?
Withdrawal liability for underfunded multiemployer pension plans has confounded bankruptcy courts since the 1980 enactment of the Multiemployer Pension Plan Amendments Act of 1980 (MEPPAA).
United States
12 Jul 2019
Bon Ton–Will Avoidable Preference Exposure Make A Creditor's Bad Situation Worse?
Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson's, Bon Ton, Bergner's, Elder-Beerman ...
United States
1 May 2018
I Lease Real Estate To Bon Ton — Now What?
Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson's, Bon Ton, Bergner's, Elder-Beerman and Herberger's flags, has been a retail mainstay in Wisconsin and the Midwest.
United States
27 Apr 2018
Unpaid Administrative Expenses May Shield Preference Liability
In a recent decision, In re Quantum Foods, LLC, the bankruptcy court in the District of Delaware confronted the issue of whether a creditor holding an unpaid administrative claim...
United States
21 Dec 2016
Timing Is Everything: The Seventh Circuit Clarifies The Ordinary Course Of Business Preference Defense
In bankruptcy preference litigation, timing issues are crucial. Was a pre-bankruptcy payment made inside or outside of the 90‑day preference period?
United States
23 Aug 2016
Bankruptcy Remote Special Purpose Entities Are Not Necessarily Bankruptcy Proof
In In re Lake Michigan Beach Pottawattamie Resort LLC.,[1] Judge Timothy A. Barnes of the Northern District of Illinois addressed an issue that is crucial to many business transactions - to what extent are entities protected...
United States
22 Jun 2016
The 7th Circuit Rules On Perfection Of Liens On Land Contract Vendor's Interests
In a recent decision, In re Blanchard, the Seventh Circuit Court of Appeals took on the knotty question of how one properly perfects a lien in a vendor's interest under a land contract.
United States
10 May 2016
Artificial Vs. Economic Impairment Of Claims – The Sixth Circuit Rules
United States Bankruptcy Code section 1129(a)(10) requires that, unless all claims are unimpaired, at least one impaired class of noninsider claimholders must accept a plan...
United States
13 Apr 2016
Insolvent Corporations And Director Fiduciary Duties To Creditors: A Review Of The Standards In Delaware And Wisconsin
Individuals serving as directors of corporations face the prospect of making difficult decisions when the enterprise experiences financial distress.
United States
1 Mar 2016
Collateral Interests In Insurance: Confusing Territory
Secured lenders often look to the borrower's or guarantor's rights under insurance policies to improve their collateral position.
United States
12 Jun 2015
Stern v. Marshall And The Case For Article III Bankruptcy Judges
In enacting the Bankruptcy Code in 1978, Congress intended the bankruptcy courts to hear all matters arising in or related to a bankruptcy case.
United States
28 May 2015
Government Claim Vs. Prior Perfected Mortgage Lien: Who Wins Under The Federal Priority Statute?
The Federal Priority Statute, as it is presently codified at 31 U.S.C. § 3713 or one of its predecessors, has been in effect since 1797.
United States
14 May 2015
When Are Goods "Received" For Purposes Of Section 503(B)(9) Of The Bankruptcy Code?
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") created section 503(b)(9) of the Bankruptcy Code (the "Code") to provide additional protection to trade creditors.
United States
1 May 2015
The Eleventh Circuit Wallops Involuntary Bankruptcy Petitioners
Pursuant to section 303 of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532 (the "Code"), an involuntary petition can be filed against a debtor by three entities which hold claims...
United States
29 Apr 2015
Taxpayers Beware: A Tax Debt May Not Be Dischargeable In Bankruptcy If The Tax Return Is Filed Late
When considering filing bankruptcy, the dischargeability of a taxpayer's outstanding federal tax debt is a significant consideration.
United States
4 Feb 2015
To What Extent May A Secured Lender's Pre-Petition Covenants With A Debtor Be Modified By Cramdown Loan Documents?
Covenants to be included in post-petition loan documents are not required to precisely track with covenants in the parties' existing loan agreement.
United States
2 Feb 2015
Trademarks In Bankruptcy Sales: One Court Provides Guidance
Trademarks today are the poor cousins of other forms of intellectual property under the United States Bankruptcy Code (the "Code"). 11 U.S.C. §§ 101-1532.
United States
14 Jan 2015
Mind Your Netting: The Fifth Circuit Clarifies The Section 548(c) Good Faith Fraudulent Transfer Defense
Section 548(a) empowers a bankruptcy trustee to recover an actual or constructively fraudulent transfer made within the two-year period prior to the debtor's bankruptcy filing.
United States
13 Jan 2015
Contracts That Cannot Be Assigned Under Section 365(C)(1) Of The Bankruptcy Code: The List Is Expanding
Section 365(a) of the Bankruptcy Code (the "Code") provides that a trustee in bankruptcy or a Debtor in Possession ("DIP") has the power to assume or reject an executory contract or unexpired lease.
United States
2 Jan 2015
Say What You Mean!! Erroneous Termination Statement Binds Secured Creditor
On October 17, 2014, in the case of Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JPMorgan Chase Bank, the Delaware Supreme Court considered the following question certified to it by the Second United States Circuit Court of Appeals:
United States
20 Nov 2014
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