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    New bankruptcy proof of claim rules take effect
    2012-03-14

    As seen in the Spring 2012 issue of West Virginia Banker.

    In the wake of the national attention directed towards residential mortgages in the last few years, certain revisions were made to the Federal Rules of Bankruptcy Procedure to address perceived deficiencies in bankruptcy proofs of claim. The rule changes were first proposed in 2009 by the Judicial Conference of the United States and became effective December 1, 2011.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Mortgage loan, Power of attorney
    Authors:
    Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    ‘Substantive rights’ not assignable, intercreditor voting rights assignment nullified
    2012-03-15

    In re SW Boston Hotel Venture, LLC, 460 B.R. 38 (Bankr. D. Mass. 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Condominium, Secured creditor
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Successor liability – does it survive a Section 363(f) sale?
    2012-03-15

    This article was first published in The Bankruptcy Strategist

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor
    Authors:
    Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case
    2012-03-15

    Inre Zais Investment Grade Limited VII, 455 B.R. 839 (2011)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Reed Smith LLP, Bankruptcy, Debtor, Security (finance), Collateralized debt obligation, Title 11 of the US Code
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Corporate synergy among related debtors key to finding conferral of economic benefit in fraudulent transfer action
    2012-03-15

    Spicer v. Konjoyan (In re Renaissance Hospital, et al.), Adv. No. 10-04190-DML (Bankr. N.D. Texas, Nov. 1, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Orleans Homebuilders commences preference lawsuits
    2012-03-07

    Last week, the bankruptcy estate of Orleans Homebuilders filed over 250 complaints to recover alleged preferential transfers (see our previous post on the Orleans bankruptcy here, as well as a post on bankruptcy preference actions here).

    Filed under:
    USA, Construction, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Authors:
    Seth A. Niederman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Even bankruptcy court’s equity power doesn’t trump conditions precedent to the payment of $500 million
    2012-03-07

    Bankruptcy Courts may be courts of equity, but a recent decision by the United States District Court for the Southern District of New York holds that even equity can’t trump the plain words of a settlement agreement.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Injunction, Subject-matter jurisdiction
    Location:
    USA
    Firm:
    Bracewell LLP
    Madoff trustee gets call on borderline pitch - judge "skeptical" but does not dismiss claims against Mets' owners
    2012-03-05

    On the surface, Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”), had a very good day. Judge Jed S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    In re Grube (January 19, 2012)
    2012-03-06

    The U.S. Bankruptcy Court for the Central District of Illinois held that a debtor's explanation of estate planning as a rationale for asset transfers made prior to bankruptcy is sufficient to survive the Bankruptcy Trustee's motion for summary judgment. However, the Court noted that a deeper factual analysis would be required and expressed skepticism for the debtor's estate planning rationale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court
    Authors:
    Albert W Gortz , David Pratt , Mitchell M Gaswirth , Andrew M Katzenstein
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    The year in review: U.S. business bankruptcies in 2011
    2012-02-29

    2011 did not begin with a bang for bankruptcy professionals. Commercial bankruptcy case filings were infrequent and so too were the release (or publication) of major bankruptcy court decisions. The second half of the year was a different story.  

    Filed under:
    USA, Insolvency & Restructuring, Chadbourne & Parke LLP, Bankruptcy
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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