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    Recent significant commercial bankruptcy filings
    2010-04-12

    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.  

    TEXTILES  

    Textile and paper-making component maker Xerium Technologies Inc. has sought bankruptcy protection.  

    WASTE MANAGEMENT  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Option (finance), Waste management, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    U.s. Supreme Court deems attorneys “debt relief agencies,” limiting certain pre-bankruptcy advice they can give clients and requiring additional disclosures
    2010-04-08

    Almost five years after the enactment of the Bankruptcy Abuse and Consumer Protection Act, the Supreme Court recently ruled in Milavetz, Gallop & Milavetz, P.A., et al v. United States that attorneys are “debt relief agencies” who are limited in their ability to provide pre-bankruptcy planning advice to consumers and obligating them to provide additional disclosures in their advertisements.

    Attorneys Are Debt Relief Agencies Under BAPCPA

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Consumer protection, Advertising, Debt, Debt relief, Consumer debt, Constitutionality, Refinancing, US Constitution, Eighth Circuit, Supreme Court of the United States
    Authors:
    Kenneth Corey-Edstrom , L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Magic brands, owner of Fuddruckers and Koo Koo Roo, files for bankruptcy
    2010-04-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Dividends, Brand, Limited liability company, Debt, Secured loan, Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Survival and self-help strategies during the credit crunch
    2010-04-23

    Debt for Equity Exchanges Outside Bankruptcy

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Haynes and Boone LLP, Bond market, Bankruptcy, Debtor, Private equity, Interest, Hedge funds, Debt, Maturity (finance), Refinancing, Distressed securities, Warrant (finance), Credit crunch, United States bankruptcy court
    Authors:
    Theresa Einhorn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Some new terms in credit agreements: defaulting lenders
    2010-04-23

    The recession has highlighted a new risk for borrowers – the risk that a lender will be insolvent and default on its obligation to fund loans under the credit agreement. This has created unexpected issues under credit agreements, which were written at a time when lender insolvency was not a perceived risk.”34

    Filed under:
    USA, Banking, Insolvency & Restructuring, Haynes and Boone LLP, Bankruptcy, Letter of credit, Credit (finance), Debtor, Collateral (finance), Consent, Cease and desist, Default (finance), Line of credit, Subsidiary, Pro rata, Office of Thrift Supervision, Lehman Brothers
    Authors:
    Theresa Einhorn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Coverage precluded by insolvency exclusion where claims arose out of bankruptcy of securities broker
    2010-04-19

    The United States District Court for the District of Connecticut, applying Connecticut law, has held that coverage under a bankers professional liability policy was precluded by the policy's insolvency exclusion where the underlying claims "arose out of" the bankruptcy of a third-party securities broker or dealer. Associated Community Bancorp, Inc. v. The Travelers Cos., 2010 WL 1416842 (D. Conn. Apr. 8, 2010). The court also held that coverage was barred by the professional services exclusion of the management liability coverage part of the policy.

    Filed under:
    USA, Connecticut, Banking, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Federal Reporter, Liquidation, Broker-dealer, Bank holding company, Investment company, Subsidiary, Second Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Rule 2019 and its applicability to ad hoc committees
    2010-04-15

    Introduction

    Several recent bankruptcy decisions rendered in the Third Circuit address whether the disclosure requirements of Rule 2019 of the Federal Rules of Bankruptcy Procedure apply to informal or “ad hoc” committees.1 Although these courts base their reasoning on the “plain meaning” of Rule 2019, their ultimate holdings are inconsistent and have generated renewed interest in this topic among lenders and the investing community. This article provides a brief summary of these recent decisions and examines their inconsistencies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Stakeholder (corporate), US House Committee on Rules, JPMorgan Chase, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    SDNY Bankruptcy Court thwarts takeover by claims purchaser
    2010-04-15

    A creditor’s ability to vote on a plan of reorganization is one of its most fundamental rights in a chapter 11 bankruptcy. For strategic investors in distressed debt, the power to vote—and potentially control a voting class (or obtain a blocking position in that class)— can be a critical tool in maximizing value and return on investment. Investors should be aware, however, that a recent decision by Judge Robert E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Hedge funds, Debt, Distressed securities, Secured loan, Dish Network, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Decision in Spansion addresses issues that arise during plan confirmation
    2010-04-15

    On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the Spansion bankruptcy rejecting the Debtor's proposed plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Testimony, Good faith, Preferred stock, Valuation (finance), Discounted cash flow, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    ION Media: second-lien lenders beware
    2010-04-15

    Despite the prevalence of first-lien/secondlien structures in the loan market over the course of the recently-ended leveraged transaction cycle, fully-litigated cases interpreting the provisions of first-lien/second-lien intercreditor agreements remain something of a rarity. As a result, cases providing guidance on the extent to which customary waivers included in such intercreditor agreements would be enforced are always welcomed by finance practitioners. It comes as no surprise then, that the decision of Judge Peck of the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Waiver, Debt, Personal property, Standing (law), Leverage (finance), Secured loan, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Christopher M. McDermott , Ingrid Bagby , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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