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    Wolverine Tube files bankruptcy, hoping to confirm prearranged plan
    2010-11-20

    On October 31, 2010, Wolverine Tube, Inc. ("Wolverine") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Wolverine's President in Support of Debtors' Petitions (the "Declaration"), the company's bankruptcy filing resulted from several factors, most notably a drop in cash due to volatility in commodity prices and high debt obligations. See Declaration at pp. 2-3.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Commodity, Debt, Balance sheet, Delaware General Corporation Law, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Dueling proceedings between bankruptcy and receiverships
    2010-11-19

    The University of Texas' 29th Annual Jay L. Westbrook Bankruptcy Conference November 19, 2010

    Filed under:
    USA, Insolvency & Restructuring, Munsch Hardt Kopf & Harr PC, Bankruptcy, Debtor, Commercial property, Interest, Credit crunch, US Securities and Exchange Commission, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joseph J. Wielebinski
    Location:
    USA
    Firm:
    Munsch Hardt Kopf & Harr PC
    Getting paid: state of fee applications
    2010-11-18

    Section 330 of the Bankruptcy Code provides a statutory framework for compensation of professionals who are paid from the bankruptcy estate. Compensation awarded under section 330 is afforded administrative expense status under section 503(b)(2) and given second priority in the distribution of an estate pursuant to section 507(a)(2) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker Botts LLP, Bankruptcy
    Location:
    USA
    Firm:
    Baker Botts LLP
    Recent significant commercial bankruptcy filings for November 17, 2010
    2010-11-17

    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.

    HEATING & AIR CONDITIONING

    Wolverine Tube Inc. and several affiliates filed prearranged Chapter 11 petitions after reaching a deal with noteholders.

    FINANCIAL

    Ambac Financial Group Inc. filed for Chapter 11 protection.

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Option (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Contested plan valuation dispute: Chemtura decision highlights valuation issues
    2010-11-16

    The current cycle of Chapter 11 corporate bankruptcies involves many cases where the debtor seeks to achieve a balance-sheet restructuring by converting debt into equity. When consensus cannot be achieved, junior stakeholders (i.e., second lien creditors, unsecured creditors and/or equity) will often contest plan confirmation on the grounds that the proposed plan provides more than 100% recovery to the senior creditors. Valuation plays the central role in these cases.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Debt, Balance sheet, EBITDA, Valuation (finance), Discounted cash flow, US District Court for the Southern District of New York
    Authors:
    David M. Hillman , Christopher Hyde Giampapa
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Ambac and IRS come to temporary terms regarding dispute over $700 million in tax refunds
    2010-11-29

    As previously discussed here, Ambac Financial Group Inc. has filed for bankruptcy for Chapter 11 bankruptcy relief with United States Bankruptcy Court for the Southern District of New York. Immediately following its bankruptcy filing, Ambac sued the United States to block the Internal Revenue Service from placing a lien on its assets in an attempt to recover an estimated $700 million in tax refunds that the agency believes it may be owed.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Locke Lord LLP, Bankruptcy, Internal Revenue Service (USA), United States bankruptcy court
    Authors:
    Victoria Anderson , Jeanne Kohler
    Location:
    USA
    Firm:
    Locke Lord LLP
    Treatment of swap agreements under insurance insolvencies – state developments
    2010-11-29

    The treatment of derivatives, or “qualified financial contracts”, under state insurance insolvency laws has received increased attention since the financial crisis. Four states passed laws in 2010 that allow for the exercise of certain netting collateral and termination provisions in an insurance insolvency without regard to the automatic stay mechanism and similar laws are anticipated in other states in 2011. Federal laws provide a level of certainty with respect to the treatment of certain swap agreement provisions in a general corporate bankruptcy. The U.S.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Insurance, Mayer Brown, Bankruptcy, Collateral (finance), Swap (finance), Title 11 of the US Code
    Authors:
    David W. Alberts , John C. Drnek
    Location:
    USA
    Firm:
    Mayer Brown
    Trustee in DBSI bankruptcy files adversary actions
    2010-11-25

    Introduction

    Earlier this month, the chapter 11 trustee (the "Trustee") in the DBSI bankruptcy began filing adversary actions seeking the avoidance and recovery of alleged fraudulent transfers. The Trustee filed the adversary actions against various defendants, some of whom the Trustee identifies as "John Doe 1 -10." This post will look briefly at the DBSI bankruptcy proceeding, why DBSI filed for bankruptcy, as well as some of the events that have transpired since the compnay filed for bankruptcy.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Commercial property, Leasehold estate, Credit crunch, Title 11 of the US Code, Chief executive officer, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy judge approves procedures to facilitate claw back litigation against Madoff investors
    2010-11-24

    A recent bankruptcy court decision, which approved procedures governing upcoming claw back litigation, paves the way for the start of long-feared claw back litigation against investor victims of the Madoff fraud. The claw back suits will seek to recover funds withdrawn from Madoff accounts prior to the revelation of the scheme. Many had hoped that SIPC Trustee Irving Picard might refrain from bringing mass law suits against these so-called "net winners" because of the immense harm such suits will harm to people who have already suffered enormously from the fraud.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Herrick Feinstein LLP, Bankruptcy, Fraud, Statute of limitations, Mediation, Good faith, Securities Investor Protection Corporation, Trustee, United States bankruptcy court
    Authors:
    Howard R. Elisofon , Steven D. Feldman
    Location:
    USA
    Firm:
    Herrick Feinstein LLP

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