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Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously

TOWNSQUARE MEDIA v. BRILL (July 21, 2011)

USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Summary offence, Remand (court procedure), Non-disclosure agreement, Subject-matter jurisdiction, Supplemental jurisdiction, United States bankruptcy court, Seventh Circuit
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.

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
Collection of utility charges does not fit within automatic stay exceptions

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

USA, Wisconsin, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Interest, Contempt of court, United States bankruptcy court
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.

USA, Insolvency & Restructuring, Legal Practice, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Estoppel, Capital punishment
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)

USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Secured loan, Google, Trustee, Seventh Circuit
Los Angeles Dodgers Chapter 11 - can they get Kirk Gibson admitted pro hac in Delaware?

The Chapter 11 filing of the Los Angeles Dodgers is a desperate move by Frank McCourt to try to maintain his ownership of the team.  At least McCourt, whatever his shortcomings as a major league franchise owner, chose wisely in selecting bankruptcy lawyers.  Partners Bruce Bennett and

USA, Insolvency & Restructuring, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Debtor
Decision not to declare steel company bankrupt was not state aid says General Court

On 17 May 2011, the GC annulled a Commission decision requiring recovery of state aid from Polish steel producer Technologie Buczek (TB). The case concerned the actions taken by the Polish authorities in implementing a plan to restructure the steel industry. The GC found that the Commission had been correct to find that TB had benefited from a decision by the Polish authorities not to apply for bankruptcy but to allow the company to continue to operate without repaying its debts.

European Union, Poland, Insolvency & Restructuring, Litigation, Trade & Customs, Nabarro LLP, Bankruptcy, Option (finance), Debt, Liquidation, State aid, European Commission, General Court (EU)
U.S. has no authority to issue writ of garnishment against assets of company in which judgment debtor invested

UNITED STATES OF AMERICA v. ROGAN (May 12, 2011)

USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Fraud, Interest, Limited liability company, Vacated judgment, Liquidation, Remand (court procedure), Writ
Looks like Fred Wilpon picked the wrong week to quit drinking

The well known travails of Fred Wilpon, the principal owner of the New York Mets, have all converged this past week. He, his partner Saul Katz and their families and affiliated enterprises (the “Wilpon/Katz Group”) lost several hundred million dollars when Bernard Madoff’s long running Ponzi scheme finally unraveled at the height of the financial crisis in 2008.

USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Hedge funds, Liquidation, Good faith, Cashflow, Unsecured creditor, Lehman Brothers, Trustee
Bank's lack of diligence results in denial of late claim

COMMODITY FUTURES TRADING COMMISSION v. LAKE SHORE ASSET MANAGEMENT LTD. (May 11, 2011)

USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Shareholder, Fraud, Asset management, Default judgment, Commodity market, Pro rata, Commodity Futures Trading Commission (USA)