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
    Reinsured’s constitutional takings claim against United States dismissed for failure to allege loss of actual “property”
    2008-11-13

    We previously posted on March 17, 2008 about a bankruptcy judgment in favor of a reinsured, Acceptance Insurance Companies, Inc. (“Acceptance”), which sought to be excused from the payment of $9 million in premium owed to its reinsurer for the remaining term of a five year contract because it had ceased writing the underlying crop insurance which was the subject of the reinsurance contract.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Statutory interpretation, Reinsurance, Eminent domain, Fifth Amendment, US Department of Agriculture, Eighth Circuit
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Does data have to be provided in a useable format, even if that format is proprietary?
    2008-11-13

    In Re NVMS, LLC, Case No. 308-01901 (Bkrtcy.M.D.Tenn. Mar 21, 2008)

    The debtor in this case is a medical services company who contracted with Medical Billing Partnership (“MBP”) to handle all of its billing. After filing for bankruptcy, the debtor asked MBP to provide billing data so as to determine the status of claims, but MBP refused to provide the information due to the proprietary software. MBP did provide a hard copy as well as a CD-rom with the information in an unformatted text file.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Bricker & Eckler LLP, Bankruptcy, Debtor, Data, Discovery
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Crisis for some; opportunity for others
    2008-11-11

    While the current outlook may be grim for the economy at large, the prospects of individual companies vary significantly, and some companies will continue to perform well despite the larger trends. For example, the designer retailer’s loss may become Walmart’s gain as consumers shop more closely for bargains. As the car manufacturers frequently say, “your mileage may vary.”

    Filed under:
    USA, Insolvency & Restructuring, Foley & Lardner LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Safe harbor (law), Accounts receivable, Interest, Market liquidity, Liquidation, Balance sheet, Cashflow, Debtor in possession, Credit crunch, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Lehman seeks to establish expedited procedures for assumption, assignment and termination of derivative contracts
    2008-11-17

    On November 13, 2008, Lehman Brothers Holdings Inc. and its U.S. affiliates in bankruptcy, including Lehman Brothers Special Financing and Lehman Brothers Commercial Paper (collectively, “Lehman”) filed a motion asking that certain expedited procedures be put in place to allow Lehman to assume, assign or terminate the thousands of executory derivative contracts to which they are a party.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Collateral (finance), Interest, Consent, Dispute resolution, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman bankruptcy – procedures for the settlement or assumption and assignment of derivative contracts
    2008-11-17

    On November 13, 2008, Lehman Brothers Holdings Inc. and its affiliated debtors in Chapter 11 (collectively, “Lehman”) filed a motion (the “Motion”) seeking Bankruptcy Court approval of procedures (the “Procedures”) for the assumption and assignment of derivative contracts not yet terminated by its various counterparties, as well confirmation of Lehman’s right to enter into settlement agreements for the termination of derivative contracts that have been terminated by its counterparties post-petition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Consideration, Margin (finance), Dispute resolution, Liquidation, Default (finance), Credit rating, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    EOUST issues debtor education notice of proposed rulemaking
    2008-11-15

    On Friday, November 14, 2008, the Executive Office for United States Trustees ("EOUST") issued for public comment a notice of proposed rulemaking setting forth procedures and criteria U.S. Trustees will use when considering applicants seeking to become approved providers of a personal financial management instructional course (the "Proposed Rule"). Comments are due by January 13, 2009.

    Summary of Key Aspects of the Proposed Rule

    Filed under:
    USA, Insolvency & Restructuring, Venable LLP, Bankruptcy, Debtor, Consumer protection, Waiver, Marketing, Federal Register, Debt, Education, Internal Revenue Service (USA), Federal Trade Commission (USA), US Code, Trustee
    Location:
    USA
    Firm:
    Venable LLP
    Landamerica title subsidiaries subject to rehabilitation; availability of reinsurance uncertain
    2008-12-04

    On November 25, LandAmerica Financial Group, Inc. (“LandAmerica”) filed a Chapter 11 petition in Virginia, seeking bankruptcy protection. By separate agreement (the “Stock Purchase Agreement”), LandAmerica agreed to sell Commonwealth Land Title Insurance Company (“Commonwealth”) to Chicago Title Insurance Company (“Chicago Title”) and Lawyers Title Insurance Company (“Lawyers”) and United Capital Title Insurance Company (“United”) to Fidelity National Title Insurance Company (“Fidelity”).

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Financial regulation, Liability (financial accounting), Reinsurance, Liquidation, Holding company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Gift cards (the gift that may stop giving)
    2008-11-30

    Attention holiday shoppers. Not sure what to buy Aunt Matilda or cousin George? A gift card allows them to buy whatever they like? Maybe. Large retailers such as Sharper Image, Bombay Company and Linens ‘N Things have filed for bankruptcy or gone out of business, leaving behind millions of dollars in unused gift cards. In bankruptcy, money left on a gift card is treated as a debt, which the bankruptcy court can decide if it is to be repaid, and how. If the retailer stays in business, the court may allow it to continue to honor its cards, but even then consumers may not get the full value.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Retail, Unsecured debt, Debt, General counsel, Depository institution, Federal Trade Commission (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, Insurance commissioner, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dentons
    Your customer’s plan of reorganization may release your third-party guarantor
    2008-11-24

    As the Seventh Circuit has recently made clear in Airadigm Communications, Inc. v. FCC, bankruptcy courts have the discretion under Bankruptcy Code §524 to approve a release contained in a Plan of Reorganization of a party which did not seek bankruptcy protection. Such a non-debtor release is more likely to be approved by the bankruptcy court where the creditors do not object to the confirmation of the Plan or vote to approve the Plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Surety, Debtor, Debt, Foreclosure, Federal Communications Commission (USA), Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 447
    • Page 448
    • Page 449
    • Page 450
    • Current page 451
    • Page 452
    • Page 453
    • Page 454
    • Page 455
    • …
    • 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