Bankruptcy court's order denying a plan objection is not appealable

IN RE: MCKINNEY (June 23, 2010)

Filed under:
USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Debt, Deed, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Contingent fee obligation based on "amount recovered" does not apply to losses avoided

IN RE: SOLIS (July 9, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Contingent fee, Trustee, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded

SMITH v. SIPI, LLC (July 27, 2010)

Filed under:
USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Pro-rata calculation of pre-petition portion of tax refund was reasonable

IN RE: MEYERS (August 2, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Debt, Liability (financial accounting), Legal burden of proof, Prima facie, Pro rata, Trustee, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Bankruptcy court's interpretation of reorganization plan it confirmed receives deferential treatment

IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Telecoms, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Standard of review, Estoppel, Federal Communications Commission (USA), Ericsson, Supreme Court of the United States, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Proof of falsity and materiality are not required at class certification stage

SCHLEICHER v. WENDT (August 20, 2010)

Conseco was a large financial services company traded on the New York Stock Exchange. It filed for bankruptcy in 2002 and successfully reorganized. This securities-fraud claim was filed against Conseco managers who are alleged to have made false statements prior to the bankruptcy. Then-District Judge Hamilton (S.D. Ind.) certified a class. Defendants appeal.

Filed under:
USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Private equity, Security (finance), Fraud, Class action, Causality, US Congress, New York Stock Exchange, Fifth Circuit
Location:
USA
Firm:
Kelley Drye & Warren LLP
Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency

CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. O'NEILL BROS. TRANSFER & STORAGE (August 31, 2010)

Filed under:
USA, Arbitration & ADR, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Employee Retirement Income Security Act 1974 (USA), Liability (financial accounting), Liquidation, Default (finance), Promulgation, Pension Benefit Guaranty Corporation
Location:
USA
Firm:
Kelley Drye & Warren LLP
Bankruptcy court acted within discretion in concluding that trust did not meet the "adequate assurance of future performance" test

IN RE: RESOURCE TECHNOLOGY CORP. (October 1, 2010)

Filed under:
USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Natural gas, Board of directors, Legal burden of proof, Electricity, Contempt of court, Landfill, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Second Circuit stays DBSD North America plan

The chapter 11 case of DBSD North America, Inc. (“DBSD”), f/k/a ICO North America, has been marked by aggressive tactics and extreme positions from its commencement. DBSD, a non-operating satellite communications company, and its second lien noteholders made clear their intent to cram down a plan of reorganization (the “Plan”) on DBSD’s first lien lenders.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Maturity (finance), Good faith, Secured creditor, Secured loan, Second Circuit
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
No abuse of discretion in refusing to reopen bankruptcy proceedings after four years

REDMOND v. FIFTH THIRD BANK (October 20, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Mortgage loan, Foreclosure, Standard of review, Remand (court procedure), Default (finance), Prejudice, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP