Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    California enacts controversial municipal bankruptcy law: Assembly Bill 506
    2012-01-09

    A years-long political duel over whether California should control local government bankruptcies was resolved on October 9, 2011. Chapter 9 of the Bankruptcy Code provides specifically for the reorganization of cities and towns, taxing districts, municipal utilities, and school districts. California Governor Jerry Brown (D) signed legislation prohibiting local municipalities from filing for bankruptcy unless they first negotiate with creditors using a “neutral evaluation process” or vote to declare a fiscal emergency after a public hearing.

    Filed under:
    USA, California, Insolvency & Restructuring, Public, ArentFox Schiff, Bankruptcy, Debt restructuring
    Authors:
    Philip S. English , James A. Hunter , Mette H. Kurth
    Location:
    USA
    Firm:
    ArentFox Schiff
    Charter bus operator, Coach America, files for bankruptcy in Delaware citing recession and increased insurance costs
    2012-01-09

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Shipping & Transport, Fox Rothschild LLP, Bankruptcy, Debt, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Harrisburg: a case study in state law barriers to Chapter 9
    2012-01-10

    On November 23, 2011, the Bankruptcy Court for the Middle District of Pennsylvania dismissed Harrisburg, Pennsylvania’s Chapter 9 bankruptcy petition because, shortly before the filing, the state legislature expressly prohibited Harrisburg from seeking relief under Chapter 9.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Cadwalader Wickersham & Taft LLP, Bankruptcy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Assigning intellectual property in a bankruptcy: is the licensor's consent necessary?
    2012-01-12

    Theresa V. Brown-Edwards, Ryan M. Murphy

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Potter Anderson & Corroon LLP, Bankruptcy, Debtor, Consent
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Significant decision on municipal bankruptcy and special revenue warrants
    2012-01-13

    On January 6, 2012, Judge Thomas Bennett of the United States Bankruptcy Court for the Northern District of Alabama (the "Court") issued a 57-page opinion in the chapter 9 bankruptcy case of Jefferson County, Alabama (the "County") on several critical jurisdictionally related issues raised by the state court appointed receiver of the County's sewer system, the indenture trustee for the special revenue warrants for the sewer system (the "Indenture Trustee") and certain other joining creditors.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Public, Dentons, Bankruptcy, United States bankruptcy court
    Authors:
    Sam J. Alberts , Robert E. Richards , Thomas K. Vandiver
    Location:
    USA
    Firm:
    Dentons
    Double counting new value—a new ruling increases the value of the new value defense for creditors
    2011-12-29

    One of the concerns for creditors dealing with a distressed company is the possibility of bankruptcy, and the risk that payments to the creditor on account of previously incurred debt will be avoided as a "preference" in the debtor's bankruptcy proceeding. Generally speaking, a "preference" is a transfer of the debtor's property on the eve of bankruptcy to satisfy an old debt. The Bankruptcy Code allows a bankrupt company to reach back 90 days and avoid any transfers made to creditors during that time, subject to certain defenses.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Bankruptcy, Debtor
    Authors:
    Bret M. Harper
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Why it is important for a lender to file a proof of claim
    2011-12-30

    Unless you are a specialized lender who makes loans to debtors-in-possession, you do not make a loan with the expectation that your borrower is going to file bankruptcy. Although the number of bankruptcy filings in California and nationally is trending slightly lower, filings remain at higher than normal levels. Nearly every lender has received the notice of a bankruptcy filing that was unexpected and then faced decisions as to what to do next.

    Filed under:
    USA, Insolvency & Restructuring, Jeffer Mangels Butler & Mitchell LLP, Bankruptcy, Surety, Debtor, Dividends, Secured creditor
    Authors:
    Richard A. Rogan
    Location:
    USA
    Firm:
    Jeffer Mangels Butler & Mitchell LLP
    Recent developments in acquisition finance
    2011-12-21

    In the last several months, there have been some significant legal developments that could impact acquisition finance. This article will survey some of the more notable ones.

    In a case with implications for buyers of assets in a bankruptcy court-ordered sale under section 363(b) of the Bankruptcy Code, the Bankruptcy Court for the Southern District of New York recently issued a decision limiting the ability of manufacturers that are debtors in a bankruptcy case to sell assets free and clear of future liabilities.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Collateral (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jeffrey M. Katz , Scott M. Zimmerman
    Location:
    USA
    Firm:
    Dechert LLP
    Another court weighs in on the enforceability of assignment of the right to vote on a bankruptcy plan
    2011-12-21

    Senior lenders often insist that subordinate lenders assign to them, under subordination and intercreditor agreements, their right to vote on a plan of reorganization proposed for the borrower should it end up in chapter 11.  The intention of such assignments is to prevent junior lenders from facilitating or preventing confirmation of bankruptcy plans contrary to the desires of senior lenders.  Lenders should be aware, however, that courts disagree whether such plan voting rights assignments are enforceable.  In fact, the United States Bankruptcy Court for the District of Mas

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Hanh Huynh , Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Tort claim does not get administrative claim status when bankrupt business is liquidating
    2011-12-21

    IN RE: RESOURCE TECHNOLOGY CORP. (OCTOBER 31, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Liquidation
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 379
    • Page 380
    • Page 381
    • Page 382
    • Current page 383
    • Page 384
    • Page 385
    • Page 386
    • Page 387
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days