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    District Court sanctions bankruptcy law firm for allegedly harming consumers and auto lenders
    2018-02-16

    On February 12, following a four-day trial, the U.S.

    Filed under:
    USA, Insolvency & Restructuring, White Collar Crime, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, US Department of Justice, United States bankruptcy court
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    As Predicted, Bon-Ton Stores file for Chapter 11 Protection? First Large Retail Department Store Bankruptcy of 2018
    2018-02-05

    Carson Pirie Scott II, Inc., aka Bon-Ton Stores (“Bon-Ton”), which has dual headquarters in Milwaukee, WI and York, PA, filed on Super Bowl Sunday for Chapter 11 bankruptcy protection in the US Bankruptcy Court, District of Delaware, Docket # 18-10251 (MFW).

    Filed under:
    USA, Insolvency & Restructuring, Stark & Stark, Bankruptcy
    Authors:
    Thomas S. Onder
    Location:
    USA
    Firm:
    Stark & Stark
    New Delaware Chapter 11 Filing - Ascent Resources Marcellus Holdings, LLC
    2018-02-06

    Ascent Resources Marcellus Holdings, LLC, along with two of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10265). The Debtors, based in Oklahoma City, OK, operate as an oil and natural gas E&P in the Marcellus Shale basin in the eastern United States.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Year in Bankruptcy: 2017
    2018-02-02

    The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad. Key administration-related developments in 2017 included U.S. withdrawal from the Paris climate accord; decertification of the Iranian nuclear deal; steps to renegotiate the North American Free Trade Agreement; the continued investigation of Russian election interference; the showdown with North Korea over nuclear weapons; U.S. recognition of Jerusalem as the capital of Israel; and the largest U.S.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Lease Profit-Sharing Provision Unenforceable Condition to Assignment in Bankruptcy
    2018-02-02

    In Antone Corp. v. Haggen Holdings, LLC (In re Haggen Holdings, LLC), 2017 WL 3730527 (D. Del. Aug. 30, 2017), the U.S. District Court for the District of Delaware considered whether, as part of a bankruptcy asset sale, a chapter 11 debtor could assume and assign a nonresidential real property lease without giving effect to a clause in the lease requiring the debtor to share 50 percent of any net profits realized upon assignment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, US District Court for District of Delaware
    Authors:
    Isel M. Perez
    Location:
    USA
    Firm:
    Jones Day
    Three key changes for bankruptcy procedures in 2018
    2018-01-23

    The New Year brings with it new changes to the bankruptcy code. These recent rule changes apply to any case filed after December 1, 2017, and may apply retroactively to pending proceedings in those instances where it would be “just and practicable.” Although many of the changes deal with consumer bankruptcies, key changes will affect secured creditors.

    Changes concerning proof of claim deadlines

    Filed under:
    USA, Insolvency & Restructuring, Thompson Coburn LLP, Bankruptcy
    Authors:
    Nino Przulj
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
    2018-01-23

    On September 22, 2017, the First Circuit Court of Appeals held that § 1109(b) of the Bankruptcy Code (the “Code”) provides a creditors’ committee with an “unconditional right to intervene” in an adversary proceeding.[1]  In reaching this conclusion, the court reversed the District Court for the District of Puerto Rico’s order denying an intervention motion and distinguished its own precedent, on which the District Court had relied.  This decision further bolsters the right of creditors’ com

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Federal Rules of Civil Procedure (USA), Second Circuit, Third Circuit, First Circuit
    Authors:
    Todd E. Phillips , Kevin C. Maclay , Sally J. Sullivan
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    New Delaware Chapter 11 Filing - Scottish Holdings, Inc.
    2018-01-29

    Scottish Holdings, Inc., Charlotte, NC based reinsurance company, has, along with a single affiliate, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10160).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Rand Logistics, Inc.
    2018-01-30

    Rand Logistics, Inc., along with six affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10175).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Bankruptcy Venue Reform Act of 2018
    2018-01-30

    In January 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced a bill that would require corporate debtors to file for bankruptcy protection in the district in which their principal assets or principal place of business is located.

    Filed under:
    USA, Insolvency & Restructuring, Spencer Fane LLP, Bankruptcy
    Authors:
    Jacob Sparks
    Location:
    USA
    Firm:
    Spencer Fane LLP

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