Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    St. Mary's Hospital (N.J.) emerges from bankruptcy
    2010-06-16

    St. Mary's Hospital is the first hospital in New Jersey to emerge from Chapter 11 bankruptcy and did so in less than one year. Since 2007, six hospitals have filed for bankruptcy, five of which have either closed or sold their assets in bankruptcy.

    Filed under:
    USA, New Jersey, Healthcare & Life Sciences, Insolvency & Restructuring, Faegre Drinker Biddle & Reath LLP, Medicare, Mental health, Medicaid, Bankruptcy
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Third Circuit overrules Frenville accrual test to hold that asbestos-related claims arise when the claimant is exposed
    2010-06-16

    The United States Court of Appeals for the Third Circuit on June 2, 2010, sitting en banc, overruled its own precedential holding in Avellino & Beines v. M. Frenville Co. (Frenville), 744 F.2d 332 (3d Cir. 1984), to hold that in the context of asbestos-related tort claims, a “claim” under the Bankruptcy Code arises when an individual is exposed pre-petition to a product giving rise to an injury rather than when the injury manifests itself. JED-WEN, Inc. v. Van Brunt (In re Grossman’s), No. 1563, slip op. at 18 (3d Cir. June 2, 2010).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Dechert LLP, Bankruptcy, Conflict of laws, Retail, Debtor, Federal Reporter, MFG.com, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Improper involuntary bankruptcy petition gives rise to award of counsel fees
    2010-06-16

    In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Southern district moots appeal of general growth dip financing
    2010-06-15

    The United States District Court for the Southern District of New York recently addressed an objection to the debtor-in-possession financing approved by the United States Bankruptcy Court for the Southern District of New York in the bankruptcy of General Growth Properties.1 The District Court’s decision, which holds that reversal on appeal of an order approving DIP financing does not invalidate the financing or liens granted by the postpetition lenders, if provided in good faith also addresses both the timeliness of the appeal and the merits of the arguments raised therein, provides a detai

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Debt, Good faith, Secured loan, Goldman Sachs, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court clarifies eligibility for Chapter 13 relief
    2010-06-15

    Under BAPCPA, enacted in 2005, a Bankruptcy Court may not approve a Chapter 13 plan which does not provide for the payment of all unsecured claims in full if the plan does not devote all of the debtor’s projected disposable income over the life of the plan to repayment of the unsecured creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Buyout, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Gerald L. Baldwin
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Supreme Court addresses "disposable income" under the BAPCPA
    2010-06-14

    On June 7th, the US Supreme Court addressed the calculation of a Chapter 13 debtor's projected "disposable income" under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation. Hamilton v. Lanning.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Federal district courts may issue anti-litigation orders in SEC receivership matters
    2010-06-21

    On June 15th, the Second Circuit held that district courts may issue anti-litigation injunctions barring bankruptcy filings as part of their broad equitable powers in the context of an SEC receivership. SEC v. Byers. Reuters reported on the involuntary bankruptcy petitions filed by creditors which prompted the district court's anti-litigation order.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Injunction, US Securities and Exchange Commission, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    First Circuit modifies sanctions awarded against mortgage servicer
    2010-06-21

    On June 14th, the First Circuit modified the bankruptcy court's $250,000 sanction award against a mortgage servicer who erroneously claimed to be the mortgage holder. The mortgage servicer did not deliberately or intentionally seek to mislead the bankruptcy court and its actions were not prejudicial. First Circuit therefore modified the award to $5,000. In re Jacalyn S. Nosek.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Prejudice, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy of licensor threatens twenty year old trademark license in M&A transaction
    2010-06-21

    Merger and acquisition transactions frequently have included ongoing obligations of the parties to each other. In a recent decision by the Third Circuit Court of Appeals, a trademark licensee in a 1991 acquisition survived an effort by the bankrupt licensor to overturn the license. (In re: Exide Technologies, U.S. Third Circuit Court of Appeals, No. 08-1872 filed June 2, 2010) The case illustrates that the time in which agreements in a merger and acquisition transaction remain at issue can be longer than would be expected.  

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Intellectual Property, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Concurring opinion, US Congress, US Code, United States bankruptcy court, Third Circuit, Fourth Circuit
    Authors:
    Stephen M. Proctor
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Recent significant commercial bankruptcy filings
    2010-06-21

    Masuda, Funai, Eifert & Mitchell routinely represents creditors in bankruptcy proceedings in order to protect their contractual and legal interests and rights to payment. 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.  

    PAPER

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Recycling, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 255
    • Page 256
    • Page 257
    • Page 258
    • Current page 259
    • Page 260
    • Page 261
    • Page 262
    • Page 263
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days