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    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
    Bankruptcy court's order denying a plan objection is not appealable
    2010-06-25

    IN RE: MCKINNEY (June 23, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Debt, Deed, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Lien-ing towards payment
    2010-06-25

    With a growing number of projects facing financial difficulty, the importance of maintaining leverage for securing payment is greater than ever. The project itself remains a prime security target for any contractor, subcontractor or supplier for assuring appropriate attention is given to their claims and that payment will be forthcoming in a timely and unencumbered manner. Some very recent developments in the lien realm emphasize the ongoing attention that is being given to lien statutes and the opportunity they provide for maximizing those considerations of security and leverage.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, General contractor, Waiver, Subcontractor, Leverage (finance), Title 11 of the US Code
    Authors:
    Edward B. Gentilcore
    Location:
    USA
    Firm:
    Duane Morris LLP
    Considerations in terminating an insolvent franchisee
    2010-06-24

    During the current economic downturn, a number of financially distressed franchisees either have filed or may file for bankruptcy protection to restructure their financial obligations. As a result, franchisors should familiarize themselves with some bankruptcy basics before they are confronted with the situation.

    What Happens If One of Our Franchisees Declares Bankruptcy?

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Breach of contract, Franchise agreement, Default (finance)
    Authors:
    Robert A. Smith , P. Nicholas Peterson
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court further defines the time limitations for objections to exemptions in bankruptcy
    2010-06-22

    In Schwab v. Reilly, the United States Supreme Court recently reversed a decision from the 3rd Circuit Court of Appeals regarding the need for a bankruptcy trustee to lodge an objection to an exemption where the property is actually worth more than the amount claimed by the exemption. The Supreme Court took the opportunity in this case to also clarify its prior ruling in Taylor v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Tax exemption, Bankruptcy, Debtor, Liquidation, Involuntary dismissal, Trustee, Supreme Court of the United States, United States bankruptcy court, Third Circuit
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    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

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