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    State bankruptcy filings – the pros and cons of allowing states to file for bankruptcy (like municipalities) or 'speak softly and carry a big stick'
    2011-03-21

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 12 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, Bond (finance), Bankruptcy, Debtor, Option (finance), Debt, Credit rating, Municipal bond, US Constitution, United States bankruptcy court
    Authors:
    J. Gregg Miller , Nina M. Varughese , Leon R. Barson
    Location:
    USA
    Firm:
    Troutman Pepper
    Assigned bankruptcy claims included right to collect cure amount
    2011-03-21

    REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, AT&T, Indian National Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Trustee in Sunset Aviation commences preference actions
    2011-03-21

    Background

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Legal personality, Liquidation, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The TOUSA case - not a fraudulent conveyance
    2011-03-21

    By now many of you will have heard about the recent decisions in the TOUSA (pdf) bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud, Margin (finance), Intangible asset, Conveyancing, Default (finance), Subsidiary, Parent company, Right to property, United States bankruptcy court
    Authors:
    Susan C. Alker
    Location:
    USA
    Firm:
    Reed Smith LLP
    A closer look at the Harry & David bankruptcy
    2011-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Costs in English law, Retail, Debt, Direct marketing, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    'Cram ups' of below market secured debt: a transformative restructuring strategy?
    2011-03-28

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 13 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bond market, Bankruptcy, Debtor, Interest, Debt, Holding company, Balance sheet, Default (finance), Leverage (finance), Secured loan, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Leon R. Barson
    Location:
    USA
    Firm:
    Troutman Pepper
    Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)
    2011-03-23

    Irving Picard, the trustee overseeing the liquidation of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Replacement lien in rents in favor of secured creditor is not adequate protection where the debtor has no equity cushion
    2011-03-22

    In re Buttermilk Towne Center, LLC, No. 10-8036, 2010 Bankr. LEXIS 4563 (B.A.P. 6th Cir. Dec. 23, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Leasehold estate, Interest, Limited liability company, Debt, Mortgage loan, Default (finance), Secured creditor, Bénéfice, Municipal bond, Bankruptcy Appellate Panel
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    In brief: district court affirms Lehman Brothers safe-harbor setoff ruling
    2011-04-01

    In the July/August 2010 edition of the Business Restructuring Review, we reported on an important ruling handed down by bankruptcy judge James M. Peck in the Lehman Brothers chapter 11 cases addressing the interaction between the Bankruptcy Code’s general setoff rules (set forth in section 553) and the Code’s safe harbors for financial contracts (found principally in sections 555, 556, and 559 through 562). In In re Lehman Bros. Holdings, Inc., 433 B.R. 101 (Bankr. S.D.N.Y.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Swap (finance), Concession (contract), Lehman Brothers, Westlaw, Title 11 of the US Code, US District Court for the Southern District of New York
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Insolvency exclusion bars coverage for allegations that actuarial services firm contributed to client's insolvency
    2011-04-01

    The United States Court of Appeals for the Ninth Circuit has held, under California law, that an insurer had no duty to defend an insured actuarial services firm in litigation alleging that the insured’s reserve reviews and rate level recommendations contributed to the insolvency of a medical malpractice self-insurance fund. Zurich Specialties London Limited v. Bickerstaff, Whatley, Ryan & Burkhalter, Inc., 2011 WL 1118463 (9th Cir. Mar. 28, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Medical malpractice, Causation (law), Actuary, Malpractice, Ninth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP

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