The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.
AUTOMOTIVE
Auto parts maker Contech U.S., LLC, subsidiaries file for Chapter 11 protection in Michigan.
Fluid Routing Solutions, Inc., subsidiaries file Chapter 11 in Delaware.
GROCERY STORES
On 9 February 2009, the Act of 31 January 2009 on the continuity of companies (Loi relative à la continuité des entreprises/Wet betreffende de continuïteit van de ondernemingen, the "Act") was published in the Belgian State Gazette.
The Act – which actually consists of two separate acts for technical reasons - will replace the unsuccessful Act of 17 July 1997 on composition with creditors.
The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.
AUTOMOTIVE
Parts maker Checker Motor Corp. files for Chapter 11 protection in Michigan.
Parts maker Contech U.S., LLC, affiliates files for Chapter 11 protection in Michigan.
PACKAGING
On November 1 2007 the State Commission for Insolvency presented the Preliminary Bill for an Insolvency Act to the minister of justice. The bill contains rules for the recognition of insolvency proceedings in non-EU countries and the law applicable to foreign proceedings. This update examines those rules and their relationship to the EU Insolvency Regulation and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency.
Case Law
The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.
AMUSEMENT PARKS
HRP Myrtle Beach Holdings converts to Chapter 7; unable to find post-petition financing.
BANKING
Silver State Bancorp files Chapter 7 petition in Nevada.
A grim report on bankruptcy filings was recently issued by the Administrative Office of the U.S. Courts. Federal bankruptcy filings increased by 30% for the 2008 fiscal year ending September 30, 2008. Business filings increased by 49% to 38,700 from 26,000 for the 2007 fiscal year. Individual bankruptcies, the bulk of all bankruptcy filings, increased 30%, to 1.043 million from 801,000 in 2007 fiscal year. States showing the largest number of filings on a per capita basis are Tennessee, Nevada, Georgia, Alabama, and Indiana.
AUTOMOTIVE
EZ Lube LLC, Express Lube Inc. filed for Chapter 11 protection in Delaware.
Key Plastics files prepackaged Chapter 11 petition; secured $20M in DIP financing.
Precision Parts International filed Chapter 11 petition; commences winding down operations.
BROADCASTING
Equity Media Holdings, Corp. filed for Chapter 11; secured lender seeks conversion to Chapter 7
ENERGY
Extending credit to risky customers in the automotive industry has increasingly required active and careful management of the prospective sale and the account receivable to assure payment. The news of GM’s, Ford’s and Chrysler’s financial condition, and any likely affect of their bankruptcy on its suppliers, has changed the definition of “credit risk” to include otherwise traditionally “credit-worthy” customers that operate in financially-uncertain industries.
On 6 November 2008, the Belgian House of Representatives adopted a bill on the continuity of companies. Although the Senate has exercised its right to examine the bill and may propose amendments until 26 January 2009, we thought it useful to go ahead and address this new bill, which will replace the Act of 17 July 1997 on composition with creditors (Wet op het gerechtelijk akkoord/Loi sur le concordat judiciaire).
As the Seventh Circuit has recently made clear in Airadigm Communications, Inc. v. FCC, bankruptcy courts have the discretion under Bankruptcy Code §524 to approve a release contained in a Plan of Reorganization of a party which did not seek bankruptcy protection. Such a non-debtor release is more likely to be approved by the bankruptcy court where the creditors do not object to the confirmation of the Plan or vote to approve the Plan.