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    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, KPMG, Securities Act 1933 (USA), Chief executive officer, Chief financial officer, US District Court for Central District of California
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Advisory Committee on Bankruptcy rules recommends sweeping revisions to Bankruptcy Rule 2019
    2010-08-10

    Bankruptcy headlines in 2007 were awash with tidings of controversial developments in the chapter 11 cases of Northwest Airlines and its affiliates that sent shock waves through the "distressed" investment community. A New York bankruptcy court ruled that an unofficial, or "ad hoc," committee consisting of hedge funds and other distressed investment entities holding Northwest stock and claims was obligated under a formerly obscure provision in the Federal Rules of Bankruptcy Procedure—Rule 2019—to disclose the details of its members' trading positions, including the acquisition prices.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Lobbying, Bankruptcy, Security (finance), Interest, Hedge funds, Stakeholder (corporate), Leverage (finance), Distressed securities, Securities Industry and Financial Markets Association, US House Committee on Rules, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The use of receiverships for managing troubled assets
    2010-08-10

    Receiverships are becoming a popular tool for creditors to manage distressed real estate and to realize upon their collateral. Lenders are looking at receiverships as a faster and more efficient and cost effective strategy than forcing a debtor into bankruptcy. They offer the lender flexibility as opposed to well established procedures under bankruptcy. The current economy is also resulting in increased use of receiverships to complete unfinished buildings.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Saul Ewing LLP, Bankruptcy, Debtor, Collateral (finance), Limited liability company, Mortgage loan, Foreclosure, Legal burden of proof, Condominium, Liability insurance, Refinancing, Default (finance), Title insurance, Bank of America
    Authors:
    Samuel H. Levine
    Location:
    USA
    Firm:
    Saul Ewing LLP
    In the courts
    2010-08-09
    • On August 4, 2010, the US Court of Appeals for the Seventh Circuit affirmed in part and reversed in part a Wisconsin federal district court’s ruling on the Wisconsin bankruptcy court’s disposition of three of Telephone and Data Systems’ (TDS) claims, and the FCC’s objections thereto, filed in Airadigm’s Chapter 11 reorganization plan. The principal assets at issue were a series of C- and F-block spectrum licenses for mobile phone service in certain areas of Wisconsin, Iowa, and Michigan that Airadigm had won at auction in the late 1990s.
    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, ArentFox Schiff, Bankruptcy, Debtor, Federal Communications Commission (USA), Administrative Procedure Act, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Authors:
    Ross A. Buntrock , Jonathan E. Canis , Alan G. Fishel , Michael B. Hazzard , Stephanie A. Joyce , Jeffrey E. Rummel
    Location:
    USA
    Firm:
    ArentFox Schiff
    In re Visteon: Third Circuit expands the protection of retiree benefits in Chapter 11 cases
    2010-08-12

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Interest, Retirement, Good faith, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brad Eric Scheler , Alan N. Resnick , Jean E. Hanson , Shannon Lowry Nagle , Gary L. Kaplan , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Ascendia Brands files over 200 preference actions in Delaware bankruptcy proceeding
    2010-08-12

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Brand, Walmart, Walgreens, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    American Safety Razor files for bankruptcy, citing slow growth and increased competition
    2010-08-12

    Introduction

    American Safety Razor Company ("ASR"), one of the largest manufacturers of shaving razors and blades, filed for bankruptcy protection in Delaware on July 28, 2010. According to the Declaration of ASR's Chief Financial Officer, Andrew Bolt (the "Bolt Declaration"), the company's net sales for 2009 totaled $330 million, down from the $351 million in sales achieved in 2008. See Bolt Declaration, pgh. 11.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Limited liability partnership, Debt, Default (finance), 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
    Caribbean Petroleum files for bankruptcy following explosion at petroleum tank farm
    2010-08-16

    On August 12, 2010, Caribbean Petroleum Corporation filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Caribbean Petroleum imports and distributes petroleum products in Puerto Rico through a network of 184 service stations. This post will look at the events leading up to the company's filing for bankruptcy, as well as what the company hopes to accomplish while in bankruptcy.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, 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
    An overview of Chapter 9 of the Bankruptcy Code: municipal debt adjustments
    2010-08-16

    As attention shifts from the global financial crisis of 2008–2009 to the global sovereign crisis that currently is affecting much of Europe, lawmakers are scrambling to create new laws and regulations designed to stave off the next financial crisis.[1] Meanwhile, a different threat quietly has been growing in America's states, cities, towns, municipalities, and other political subdivisions.

    Filed under:
    USA, Insolvency & Restructuring, Public, Jones Day, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Swap (finance), Debt, Foreclosure, Credit default swap, Pension Benefit Guaranty Corporation
    Authors:
    Peter J. Benvenutti , David G. Heiman , Heather Lennox , Lori Sinanyan , Mark K. Sisitsky , Jayant W. Tambe
    Location:
    USA
    Firm:
    Jones Day
    Decision in Qimonda bankruptcy looks at whether a conversion claim is entitled to administrative priority
    2010-08-15

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Contractual term, Bankruptcy, Debtor, Testimony, Google, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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