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    MF Global proceedings test multiple insolvency statutes
    2011-11-15

    On October 31, the MF Global enterprise collapsed into bankruptcy and a number of related insolvency proceedings. Amid allegations of improper commingling of customer accounts and rumors of misbegotten proprietary Eurobond trades, two unregulated entities – MF Global Finance USA Inc. and MF Global Holdings Ltd. (the Unregulated Debtors) – filed voluntary bankruptcy petitions on October 31, 2011. Later the same day, the Securities Investor Protection Corporation filed a complaint in the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Eversheds Sutherland (US) LLP, Bankruptcy, Collateral (finance), Security (finance), Futures contract, Commodity broker, Margin (finance), Liquidation, Broker-dealer, Cashflow, Brokerage firm, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Securities Investor Protection Corporation, Commodity Exchange Act 1936 (USA), Title 11 of the US Code, Trustee
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Delaware Bankruptcy Court applies Section 1129(a)(10) on a per debtor basis in the tribune Chapter 11 cases
    2011-11-15

    On October 31, 2011, the Honorable Kevin J. Carey, Bankruptcy Judge of the United States Bankruptcy Court for the District of Delaware, issued an opinion denying confirmation of two competing proposed plans of reorganization in the chapter 11 cases of In re Tribune Company, et al.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Liability (financial accounting), Voting, JPMorgan Chase, Enron, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Brad Eric Scheler , Jean E. Hanson , Gary L. Kaplan , Jennifer L. Rodburg , Shannon Lowry Nagle
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Harrisburg City Council responds to objections to Chapter 9 eligibility
    2011-11-15

    As expected the Harrisburg City Council has filed a reply to the numerous objections to the Chapter 9 filing of Harrisburg initiated by the City Council.  The City Council’s brief (harrisburg response.pdf) appears to be the only timely filed reply to the objections to the Chapter 9 filing. 

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Mintz, Bankruptcy, Solicitor, US Constitution, Constitution, Equal Protection Clause, United States bankruptcy court
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, IBM, Intel, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
    Los Angeles Dodgers' Chapter 11 case: no replay of Texas Rangers' drama
    2011-11-09

    A World Series as exciting as any in memory ended two weeks ago. Notwithstanding the end of the season, the Los Angeles Dodgers’ chapter 11 case offered the promise of more baseball-related thrills. Dodger’s owner Frank McCourt and Major League Baseball (“MLB”) Commissioner Bud Selig appeared headed towards an epic courtroom showdown that promised to rival

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Discovery, Motion to compel, Divorce
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Can a refinancing be "collapsed" with a prior leveraged acquisition and avoided as a fraudulent transfer?
    2011-11-10

    A recent decision of the Delaware bankruptcy court serves as a reminder of a key risk for lenders who finance leveraged transactions—namely, that a bankruptcy court may “collapse” the components of a leveraged transaction in order to avoid the lender’s liens and the debtor’s loan obligations as fraudulent transfers.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Blank Rome LLP, Bankruptcy, Credit (finance), Debtor, Fraud, Refinancing, Default (finance), Sponsor (commercial), Leverage (finance), Secured loan, United States bankruptcy court
    Authors:
    Mathew S. Rotenberg
    Location:
    USA
    Firm:
    Blank Rome LLP
    Patient care ombudsman in bankruptcy: when is it necessary?
    2011-11-10

    Patient care ombudsmen are sometimes appointed to monitor the care provided to patients of medical facilities that have filed for bankruptcy. Courts, however, weigh a number of factors in determining whether an ombudsman should be appointed, and whether the patients and the facility’s creditors would benefit from the appointment.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, BakerHostetler, Bankruptcy, Debtor, Government agency, Debt, Internal control, US Congress, United States bankruptcy court
    Authors:
    Marc E. Hirschfield , Marc Skapof , George Klidonas
    Location:
    USA
    Firm:
    BakerHostetler
    Recent cases may signal a trend for U.S. courts to accord insurers increased rights to object to the institution of an asbestos settlement trust
    2011-11-10

    An article by the National Underwriter Company discusses a recent Moody’s report that asbestos claims are again on the rise after years of declining or flat claims.1 This has led several insurers to increase their asbestos reserves and Moody’s views this trend as a warning flag for the property and casualty insurance industry as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Standing (law), Underwriting, Casualty insurance, General Motors, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Howard Seife , David M. Raim , Donald J. Mros , Francisco Vazquez
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    When a hospital becomes a no standing zone
    2011-11-10

    Bottom Line:

    The United States Bankruptcy Court for the District of South Carolina in In re Barnwell County Hospital, No. 11-06207 (Bankr. D.S.C. Oct. 27, 2011) held that anad hoc community group of citizens formed for the purpose of attempting to keep the Barnwell County hospital open and operating in its current location (the “Community Group”) was not a party-in-interest in the hospital’s bankruptcy case and so lacked standing to challenge the debtor’s eligibility for relief under chapter 9 of the Bankruptcy Code.

    Filed under:
    USA, South Carolina, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Standing (law), Citizenship, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jordan Kaye
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Historical municipal bankruptcy
    2011-11-14

    On November 11th, Reuters reported on the November 10 filing of bankruptcy court protection by Jefferson County, Alabama, the largest municipal bankruptcy in U.S. history. The county declared bankruptcy after failing to reach an agreement with its creditors on its $3.14 billion debt. Hearings are set for November 21 and December 15 to decide who maintains control of the sewer system and to determine eligibility for Chapter 9. Bankruptcy.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Public, Winston & Strawn LLP, Bankruptcy, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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