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1
Nevada District Court Holds That A Creditor Must Have A Fully Undisputed Claim To Petition For An Involuntary Bankruptcy
Involuntary bankruptcy cases can be a powerful tool for creditors, and this decision raises the bar for use.
United States
8 Jan 2018
2
Fourth Circuit Approves Partial Dirt For Debt Plan
Do you want to own that rural timberland you financed a few years back? Well, what if I told you that not only are you taking ownership, but you're taking it in exchange for a credit of three times its appraised value?
United States
3 Jan 2018
3
Eleventh Circuit Affirms Award Of Attorneys' Fees Incurred By Individuals For Stay Violation In Damages Action And On Appeal
Addressing an issue of first impression in the Eleventh Circuit, the Court in Mantiply v. Horne (In re Horne), recently held that section 362(k)(1) of the Bankruptcy Code authorizes payment...
United States
3 Jan 2018
4
New Tax Law Eliminates NOL Carry Backs
In a blow to certain distressed companies, the Tax Cuts and Jobs Act of 2017 eliminates the ability of taxpayers to carry back net operating losses ("NOLs") ...
United States
29 Dec 2017
5
Virginia Supreme Court Considers Terms Of Assumption Reinsurance Transaction In Determining Obligations Of Insolvent Insurer
A group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America ("ROA").
United States
22 Dec 2017
6
EuroResourceóDeals And Debt - December 2017
While proposing the plan, the debtor is entitled to certain protections against involuntary bankruptcy petitions and other adverse creditor actions, albeit for a period of four months maximum.
Worldwide
21 Dec 2017
7
Peril On The Peaks: Ninth Circuit Reconciles Section 365 And 363 To Permit Stripping Of Leases In Bankruptcy Sales
What happens when property that a trustee wants to sell in a section 363 sale is subject to unexpired leases that the trustee is empowered to reject under section 365(h)?
United States
15 Dec 2017
8
SDNY Bankruptcy Court Rejects Non-Consensual Third-Party Releases
Judge Bernstein first addressed whether the non-voting creditors should be deemed to have consented to the Plan's release provisions.
United States
14 Dec 2017
9
Mantiply v. Horne: A Case Study of Attorney's Fees Awarded in Over Zealous Litigation
What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney's fees at every possible opportunity?
United States
8 Dec 2017
10
Debtwire: Kramer Levin's Adam Rogoff Breaks Down Decisions In Momentive Performance And Millennium Health
Corporate Restructuring and Bankruptcy partner Adam C. Rogoff joined Debtwire's Richard Goldman for a podcast discussion on the makewhole premium and replacement note interest rate...
United States
4 Dec 2017
11
Court Denies Mf Global Holdings' Bid To Appeal Bankruptcy Court Order Compelling Arbitration
On October 30, 2017 the Southern District of New York rejected MF Global Holdings' latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute...
United States
27 Nov 2017
12
In Brief: Bankruptcy Court Rules That It Has Constitutional Authority To Grant Nonconsensual Releases In Chapter 11 Plan
In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority ...
United States
27 Nov 2017
13
Chapter 11 Plan Not Providing For Payment Of Make-Whole Premium Impaired Noteholders
In In re Ultra Petroleum Corp., 2017 BL 335015 (Bankr. S.D. Tex. Sept. 21, 2017), the U.S. Bankruptcy Court for the Southern District of Texas ruled that certain private-placement noteholders ...
United States
27 Nov 2017
14
To Have And To Hold: Third Circuit Rules That Physical Possession Of Goods Is Required Under Section 503(b)(9) Of The Bankruptcy Code
Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods ...
United States
24 Nov 2017
16
In Brief: First Circuit Rules That Section 1109(b) Of The Bankruptcy Code Creates An Unconditional Right To Intervene In An Adversary Proceeding
In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code ...
United States
24 Nov 2017
17
Second Circuit Issues Key Cramdown Interest Rate Ruling
In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit...
United States
24 Nov 2017
18
Cross-Border Bankruptcy Update: COMI Migration And Illegitimate COMI Manipulation Distinguished
With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency, including the U.S., ...
United States
24 Nov 2017
19
Does Stern V. Marshall Prohibit Non-Consensual Third Party Releases Of Non-Bankruptcy Claims In Plans Of Reorganization?
An increasingly common aspect of Chapter 11 plans is non-consensual third party releases, which are often a vital tool required to obtain global peace among competing constituencies...
United States
21 Nov 2017
20
New Amendments To Bankruptcy Rules Could Have A Major Effect On The Rights Of Secured Creditors
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
United States
17 Nov 2017
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