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    AgFeed USA files for Chapter 11
    2013-07-19

    On July 15, 2013, AgFeed USA, LLC, AgFeed Industries, Inc. and certain of their affiliates (collectively, the Debtors or AgFeed) filed their voluntary petitions under Chapter 11 of the Bankruptcy Code, seeking to sell their assets under section 363 of the Bankruptcy Code through an open auction process with approximately $79 million as a floor price set forth under an asset purchase agreement between AgFeed and The Maschhoffs, LLC (the Buyer).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, ArentFox Schiff
    Authors:
    George P. Angelich , George V. Utlik
    Location:
    USA
    Firm:
    ArentFox Schiff
    MF Global to provide another round of distributions to former customers
    2013-07-18

    The former customers of MF Global, Inc. (MFGI) can expect another round of distributions, resulting in a recovery for 4d customers of approximately 94–96 percent and for 30.7 customers of approximately 60–84 percent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Clearing house (finance), JPMorgan Chase
    Authors:
    George P. Angelich , George V. Utlik
    Location:
    USA
    Firm:
    ArentFox Schiff
    Lehman Bankruptcy Court overrules UST fee objection and reaffirms confirmed plan provision
    2013-03-28

    In a recent contested matter in the historic cases, Lehman Brothers Holdings Inc., et al. (the “Debtors”), Case No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, United States bankruptcy court
    Authors:
    Leah M. Eisenberg
    Location:
    USA
    Firm:
    ArentFox Schiff
    Senator Coons to lead Subcommittee on bankruptcy and the courts: legislative implications
    2013-03-19

    The Senate Judiciary Committee in February approved Delaware Democratic Senator Chris Coons to head the Subcommittee on Bankruptcy and the Courts for the 113th Congress. This gives Coons oversight of the nation’s bankruptcy court system, as well as court administration and management, judicial rules and procedures, the creation of new courts and judgeships, and legal reform and liability issues.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, US Senate, US Senate Committee on the Judiciary, US House Committee on the Judiciary, US Democratic Party, United States bankruptcy court
    Authors:
    Philip S. English , James A. Hunter , Mette H. Kurth
    Location:
    USA
    Firm:
    ArentFox Schiff
    In the courts
    2013-02-18

    On February 13, 2013, the U.S. Bankruptcy Court for the Southern District of New York approved a stipulation between LightSquared and, among others, its lenders to extend until July 15, 2013 LightSquared’s exclusive right to file a Chapter 11 plan of reorganization. That right was due to expire on January 31, 2013, and then was extended until the court ruled on LightSquared’s motion to extend that date.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, ArentFox Schiff, United States bankruptcy court
    Authors:
    Ross A. Buntrock , Jonathan E. Canis , Michael B. Hazzard , Stephanie A. Joyce , Joseph P. Bowser
    Location:
    USA
    Firm:
    ArentFox Schiff
    In the courts
    2013-01-28
    • On January 22, 2013, following a 10-day bench trial, the U.S. District Court for the Northern District of Texas agreed with Verizon that its former subsidiary, Idearc, Inc., was not insolvent on November 17, 2006, the day Verizon spun it off to become a separate entity. The plaintiff – the litigation trustee of the Idearc bankruptcy estate – brought this case claiming that Verizon spun Idearc off to bury its unprofitable Yellow Pages business unit and thereby take the losses of that unit off Verizon’s books.
    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Telecoms, ArentFox Schiff, Verizon Communications, US District Court for Northern District of Texas
    Authors:
    Ross A. Buntrock , Jonathan E. Canis , Michael B. Hazzard , Stephanie A. Joyce , Adam D. Bowser
    Location:
    USA
    Firm:
    ArentFox Schiff
    The Stern legacy: two circuits weigh in
    2013-01-02

    Lest you thought you had heard the end of the Stern v. Marshall debate, two recent circuit court decisions remind us that Stern is alive and influential. In October, the Sixth Circuit weighed in on a bankruptcy court’s constitutional authority where it discharged certain fraudulent debts and awarded damages. In early December, the Ninth Circuit performed a similar constitutional analysis where the bankruptcy court decided a fraudulent transfer action against a noncreditor of the bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, US Constitution, Ninth Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    Andrea Campbell Davison , Jeffrey N. Rothleder
    Location:
    USA
    Firm:
    ArentFox Schiff
    Eighth Circuit rules trademark license is executory contract in bankruptcy
    2012-10-15

    In In re Interstate Bakeries Corporation, ___ F.3d ___ (8th Cir. 2012) (IBC), the Eighth Circuit Court of Appeals ruled that a perpetual, royalty-free trademark license was an executory contract and therefore subject to assumption or rejection by a bankruptcy debtor. This decision is at odds with a recent decision from the Third Circuit Court of Appeals, In re Exide Technologies, 607 F.3d 957 (3d Cir. 2010), which found that such a license under similar circumstances was not an executory contract and could thus not be assumed or rejected by the bankruptcy debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, ArentFox Schiff, Bankruptcy, Federal Reporter, Eighth Circuit, Third Circuit
    Authors:
    Anthony V. Lupo , Leah M. Eisenberg , David J. Kozlowski
    Location:
    USA
    Firm:
    ArentFox Schiff
    Delaware District Court interprets DIP financing and compensation orders in Barnes Bay bankruptcy
    2012-10-11

    The Delaware District Court recently affirmed an appeal of an order denying millions of dollars in compensation to bankruptcy professionals due to certain provisions in a final debtor-in-possession (DIP) financing order. In re Barnes Bay Development Ltd. (“Barnes Bay”) was filed under Chapter 11 on March 17, 2011, case no 11-10792. On September 23, 2011, the bankruptcy court denied confirmation of the Chapter 11 plan.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    George P. Angelich , David J. Kozlowski
    Location:
    USA
    Firm:
    ArentFox Schiff
    Bankruptcy court validates right of holder to elect Chapter 7 trustee
    2012-08-13

    In a recent contested matter in the case Home Valley Bancorp., Inc., Case No.

    Filed under:
    USA, Oregon, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Interest, Election, Title 11 of the US Code, Trustee
    Authors:
    Leah M. Eisenberg , Jeffrey N. Rothleder , Andrew I. Silfen
    Location:
    USA
    Firm:
    ArentFox Schiff

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