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    Fees for Fees: Testing the Limits of ASARCO
    2017-10-13

    Unsecured creditors and other stakeholders sometimes challenge the reasonableness of fees incurred by estate professionals in a bankruptcy case. Whether this is to augment unsecured creditor recoveries or serve as a check on the private bar is in the eye of the beholder. Whatever the reason, fee litigation in bankruptcy caused many professionals to seek payment from the bankruptcy estate for any fees incurred defending against an objection to their fees.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Supreme Court of the United States, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    New Delaware Chapter 11 - Ideal Diamond Trading Limited
    2017-10-16

    Ideal Diamond Trading Limited (f/k/a Jade Crown Trading Limited), a diamond trader based in Hong Kong, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-12202). Ideal is an affiliate of Exelco North America, Inc. (Lead Case No.

    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
    Arcapita Bank: The Bankruptcy Court Closes an Escape Valve for Foreign Defendants
    2017-10-17

    Last Friday, October 13, Judge Sean H. Lane of the United States Bankruptcy Court for the Southern District of New York issued an opinion addressing the presumption against extraterritoriality of US law as well as the limits of the doctrine of international comity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Extraterritoriality, United States bankruptcy court
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Defending Preference Lawsuits: 5 Things You Need to Know
    2017-10-17

    The Bankruptcy Protector

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    H. Jason Gold , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    New Delaware Chapter 11 Filing - Mac Acquisition LLC
    2017-10-18

    Mac Acquisition LLC (dba Romano’s Macaroni Grill), along with eight affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-12224).

    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
    CFPB Makes Last-Minute Changes to 2016 Mortgage Servicing Final Rule
    2017-10-05

    On October 4, 2017, the CFPB released an interim final rule and a proposed rule to amend certain provisions of its 2016 Mortgage Servicing Final Rule.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Bankruptcy, Consumer Financial Protection Bureau (USA)
    Authors:
    Jonathan R. Kolodziej
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    CFPB Issues Interim Final Rule Regarding Foreclosure Communications; Seeks Comment on Proposed Rule About Periodic Statements During Bankruptcy
    2017-10-05

    On October 4, the CFPB announced one change and one proposed change to the amendments to its mortgage servicing rules under Regulations X and Z.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Federal Register, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy Corner: Critical Vendor Orders
    2017-10-04

    When a shipper files bankruptcy, it’s generally not good news for a motor carrier. However, motor carriers are often in a unique position that might allow them to do better than fellow creditors from other industries, recovering some or all of the unpaid pre-petition debt, while continuing to do business and get paid on a post-petition basis. Although under a bit more scrutiny since a federal circuit court decision in In re Kmart Corp., 359 F.3d 866 (7th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith Moore Leatherwood LLP, Bankruptcy, Federal Circuit
    Location:
    USA
    Firm:
    Smith Moore Leatherwood LLP
    Focus on Health Care Provider Bankruptcies
    2017-10-02

    The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers. Thus far in 2017, the number of bankruptcies in health care-related sectors, including hospitals, physicians’ offices and clinics, specialty outpatient facilities, assisted-living facilities, and other providers, has been surpassed only by bankruptcies in the oil and gas, finance, and retail industries.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Medical record, Retail, Debtor, Limited liability company, Trustee, US District Court for Southern District of Florida
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    New Delaware Chapter 11 Filing - Appvion, Inc.
    2017-10-02

    Appvion, Inc., a manufacturer of specialty, high value added coated paper products headquartered in Appleton, Wisconsin, has, along with five of its affiliates and subsidiaries, filed a petition for relief in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-12082). The petition reports $413,430,904 in assets and $714,758,194 in liabilities.

    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

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