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    Building success despite failure
    2011-12-05

    In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to minimize their exposure in bankruptcy-related situations.

    Protecting Contractors — Frequently Asked Questions

    Filed under:
    USA, Construction, Insolvency & Restructuring, Mintz, Bankruptcy, Debtor, General contractor, Subcontractor
    Authors:
    Samuel M. Tony Starr
    Location:
    USA
    Firm:
    Mintz
    The top ten United States bankruptcies
    2011-12-05

    Call it a sign of the times: the past decade has produced the ten largest bankruptcies in the United States.

    Based on disclosed assets in its recent bankruptcy filing, MF Global has taken the spot just ahead of Chrysler as the eighth-largest United States bankruptcy (as ranked by New Generation Research on the basis of pre-petition assets).

    The Top Ten list1 is presented below, with a brief commentary on the circumstances of bankruptcies, each of which has significantly impacted the United States and global economies.

    Filed under:
    USA, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Bond market, Bankruptcy, Real estate investment trust, Chrysler
    Authors:
    Bruce Leonard , Eleonore Morris , David Ward
    Location:
    USA
    Firm:
    Cassels Brock & Blackwell LLP
    Notice of employer bankruptcy under Minnesota law
    2011-11-28

    Minnesota law requires that an employer must immediately notify all of its employees in writing if the employer files a petition for bankruptcy or if an involuntary bankruptcy petition is filed against the employer.  SeeMinn. Stat.

    Filed under:
    USA, Minnesota, Employment & Labor, Insolvency & Restructuring, Briggs and Morgan, Bankruptcy
    Authors:
    Michael C. Wilhelm
    Location:
    USA
    Firm:
    Briggs and Morgan
    The Sixth Circuit bankruptcy appellate panel
    2011-11-29

    The Sixth Circuit is one of only five federal appellate courts to institute a bankruptcy appellate panel under 28 U.S.C. § 158(b).  (The others are the First, Eighth, Ninth, and Tenth circuits.) As the bankruptcy appellate panel is unfamiliar to many non-bankruptcy attorneys, this post will review the Sixth Circuit’s bankruptcy appellate panel. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Third Circuit, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Patent protection of Section 365(n) of the U.S. Bankruptcy Court extended to U.S. licensees of foreign debtors
    2011-11-30

    In a case of first impression that has important implications for parties who acquire intellectual property rights under international license agreements, the U.S. Bankruptcy Court for the Eastern District of Virginia held that the protections of Section 365(n) of the U.S. Bankruptcy Code applied to licensees of U.S. patents in a Chapter 15 case, despite the fact that those protection were not available under the foreign law applicable to the foreign debtor.  In re Qimonda AG, Case No. 09-14766 (Bankr. E.D. Va., Oct. 28, 2011) (Mitchell, Bankruptcy J.).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, McDermott Will & Emery, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Toby H. Kusmer, PC
    Location:
    USA
    Firm:
    McDermott Will & Emery
    American Airlines files for bankruptcy
    2011-11-30

    Earlier today AMR Corporation, its subsidiary American Airlines, Inc., and 18 other affiliates ("Debtors") filed petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York in Manhattan.1 The case was assigned to Bankruptcy Judge Sean H. Lane. The Debtors have asked the Court to consolidate all 20 cases for procedural purposes under the captionIn re: AMR Corporation, Case No. 11-15463.

    Filed under:
    USA, New York, Aviation, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, American Airlines, Title 11 of the US Code, United States bankruptcy court
    Authors:
    David W. Dykhouse , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Creditor trustee in Champion Home bankruptcy files preference actions
    2011-11-16

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bond market, Bankruptcy, Liquidation, Trustee, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    CFTC commissioner says Dodd-Frank rules should be reexamined in light of MF Global
    2011-11-16

    The CFTC has confirmed that its Division of Enforcement is investigating MF Global, Inc. for possible violations of the Commodity Exchange Act, or CEA and/or CFTC regulations.  Scott D. O’Malia, a CFTC Commissioner, stated certain Dodd-Frank rules should be reexamined in light of the MF Global bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Stinson LLP, Bankruptcy, Clearing (finance), Collateral (finance), Swap (finance), Capital requirement, Diversification (finance), Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Commodity Exchange Act 1936 (USA), Trustee
    Location:
    USA
    Firm:
    Stinson LLP
    Recent Eighth Circuit bankruptcy decisions
    2011-11-16

    Heide v. Juve, (In re David L. Juve and Mona L. Juve), No. 11-6006, (8th Cir. BAP 09/16/2011) (Judges Schermer, Federman, and Nail).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Debtor, Fraud, Leasehold estate, Misconduct, Debt, Personal property, Vacated judgment, Legal burden of proof, Remand (court procedure), Land tenure, Eighth Circuit, Bankruptcy Appellate Panel
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Decision in Visteon walks through analysis of improper venue and venue transfer decisions
    2011-11-14

    Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Witness, Delaware Supreme Court, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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