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    Contec holdings files for bankruptcy in Delaware
    2012-09-10

    On August 29, 2012, Contec Holdings, Ltd ("Contec") and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Simultaneous with filing its bankruptcy petitions, Contec also filed with the Bankruptcy Court a declaration of the company's Chief Restructuring Officer in support of its first day motions (the "Declaration").  Contec was started in 1978 and provides repair services for cable and broadband operators.  The company services equipment such as cable set-tops, modems and satellite receivers.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Coal bankruptcies: complications and risks associated with federal coal legislation
    2012-08-29

    Introduction

    Filed under:
    USA, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Coal, US Code
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Splitting contracts in bankruptcy—debtors take the good without the bad
    2012-08-29

    Favorable contracts are an important asset for a bankruptcy estate. If a contract is an executory contract (a contract with performance remaining by both parties), the Bankruptcy Code gives a debtor the choice of either assuming and performing under the contract going forward, or rejecting the contract and leaving the resulting rejection damages as a claim against the bankruptcy estate. Similarly, a debtor may choose to perform or not perform under a nonexecutory contract for which it has continuing obligations.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Bankruptcy, Debtor, Consideration
    Authors:
    Bret M. Harper
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Two circuits conclude that automatic bankruptcy stay does not prevent continuation of an infringement action of trademarks
    2012-08-30

    In the first decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court decision, concluding that a defendant’s bankruptcy filing does not prevent the district court from ruling on a contempt motion for violation of a temporary restraining order protecting plaintiff’s trademarks.  Dominic’s Restaurant of Dayton, Inc. v. Mantia, Case Nos. 10-3376; -3377 (6th Circuit July 5, 2012) (Batchelder, C.J.; McKeague, J.; Quist, D.J., sitting by designation).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Injunction, Patent infringement, Contempt of court, Sixth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Default by a customer: knowledge is power
    2012-08-31

    This article is Part Three in a seven-part series on how to structure sales and what to do when your customer fails to pay. You can find previous article in this series here: Structuring Sales to Ensure Payment, Signs of Trouble Before Payment Default. Please subscribe to this blog by entering your email in the box on the left, or check back weekly for additional articles in the series.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Porter Wright Morris & Arthur LLP, Bankruptcy, Accounts receivable, Title 11 of the US Code
    Authors:
    Polly J. Harris
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    SDNY Bankruptcy Court rules that Borders gift card holders are not “known creditors” entitled to actual notice of a bankruptcy bar date
    2012-08-31

    Judge Martin Glenn of the Bankruptcy Court for the Southern District of New York recently ruled that Borders gift card holders did not qualify as “known creditors.” The Court concluded that the gift card holders were entitled only to publication notice rather than actual notice of the bar date for filing bankruptcy claims in Borders’ chapter 11 case.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Unsecured debt, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy cases create challenges for real estate restructurings
    2012-09-04

    Judges Kevin Carey and Mary Walrath of the United States Bankruptcy Court for the District of Delaware issued opinions in In re Tribune Co.1 and In re JER/Jameson Mezz Borrower II, LLC2, respectively, that shake up the landscape for restructuring real estate investments with multiple layers of debt.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Tribal casino bankruptcy? Not yet
    2012-09-05

    In the case of In re Santa Ysabel Resort and Casino, the Bankruptcy Court for the Southern District of California heard arguments on September 4, 2012, as to whether the alleged debtor, a tribal casino, was eligible for bankruptcy protection. The court concluded the casino was not an eligible debtor under the Bankruptcy Code.

    Filed under:
    USA, California, Insolvency & Restructuring, Leisure & Tourism, Litigation, Bracewell LLP, Bankruptcy, Casino, United States bankruptcy court
    Location:
    USA
    Firm:
    Bracewell LLP
    Second Circuit to weigh in on trading of bankruptcy claims
    2012-09-05

    The Second Circuit Court of Appeals recently heard arguments in a case that could have substantial implications on the trading of bankruptcy claims. While the court could choose to resolve the case, Longacre Master Fund, Ltd. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Enron, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Judgments against Ponzi scheme net gainers are dischargeable in bankruptcy
    2012-08-27

    On August 20th, the U.S. Court of Appeals for the Tenth Circuit reversed a trial court's ruling finding that judgments against Ponzi scheme "net gainers" were non-dischargeable in bankruptcy. The debtors were early investors in what turned out to be a Ponzi scheme and received more money than they invested. When the Ponzi scheme was uncovered, the state State of Oklahoma sued the debtors for unjust enrichment but not for any securities violations. After the State obtained a judgment on the unjust enrichment claim, the debtors declared bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Tenth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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