Plan proposing unencumbered asset sale, free and clear of liens, cannot be confirmed under § 1129(b)(2)(a)(iii)

RIVER ROAD HOTEL PARTNERS v. AMALGAMATED BANK (June 28, 2011)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Secured loan, Google, Trustee, Seventh Circuit
Location:
USA
Firm:
Kelley Drye & Warren LLP
So this is why judges bother to write dissenting opinions - Seventh Circuit decision on credit bidding vindicates Judge Ambro's Philadelphia Newspapers dissent

Critics of last year’s decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit’s recent unanimous opinion in River Road Hotel Partners LLC.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured loan, US Congress, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
Collection of utility charges does not fit within automatic stay exceptions

REEDSBURG UTILITY COMMISSION v. GREDE FOUNDRIES (July 13, 2011)

Filed under:
USA, Wisconsin, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Interest, Contempt of court, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Dismissal of one defendant is not final when case against another defendant is under bankruptcy stay

Kary Brown collided with a car while he was driving a truck for Koetter Woodworking. Melvin Kimbrell, a passenger in the car, suffered injuries. Kimbrell brought a personal injury action against both Brown and Smith in October of 2008, although he did not serve process until June of 2009. When Brown advised the district court that he had filed a bankruptcy petition in February 2008, the court stayed the proceeding as to him.

Filed under:
USA, Insolvency & Restructuring, Legal Practice, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Estoppel, Capital punishment
Location:
USA
Firm:
Kelley Drye & Warren LLP