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    Recent significant commercial bankruptcy filings
    2009-03-09

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE

    Rexhall Industries, Inc. files in the Central District of California.  

    Foamex International Inc. files in the District of Delaware.  

    Country Coach, LLC files in the District of Oregon.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Title 11 of the US Code, US District Court for Central District of California, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    GM auditor opinion expresses doubts about "going concern"
    2009-03-07

    On Thursday, General Motors Corporation (GM) filed its Annual Report on Form 10-K with the Securities and Exchange Commission which notably included an opinion of its auditors on its financial statements in which the auditors stated that GM’s “recurring losses from operations, stockholders’ deficit, and inabili

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Audit, Cashflow, Form 10-K, Subsidiary, US Securities and Exchange Commission, European Commission, US Congress, General Motors, Chrysler
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Hainan Airlines settlement to result in full payment of claims in Dornier Aviation liquidation
    2009-03-06

    When H. Jason Gold was appointed liquidating trustee for the bankruptcy estate of Dornier Aviation (North America), Inc., (DANA) in early 2003, creditors were expected to receive as little as three cents per claim dollar. Despite these daunting prospects, Mr.

    Filed under:
    USA, Virginia, Aviation, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Condominium, Liquidation, Digital television, Trustee, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Wiley Rein LLP
    House passes bankruptcy cramdown legislation: significant upheaval in mortgage foreclosure rights
    2009-03-06

    For the first time, individuals filing for bankruptcy protection may soon be able to reduce principal and interest on home mortgage obligations and prevent enforcement of certain mortgages even after entry of a foreclosure judgment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jorden Burt LLP, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, Secured loan, Mortgage Bankers Association, Truth in Lending Act 1968 (USA), United States bankruptcy court
    Authors:
    Elizabeth Bohn
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Liquidation of troubled businesses
    2009-03-06

    Liquidations of struggling enterprises can take several forms. While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case. Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common. This article provides a synopsis of some of the various types of liquidations.

    Chapter 11 Liquidations

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Liquidation, Balance sheet, Liquidator (law), Secured loan, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Fourth Circuit reverses and remands Bankruptcy Court’s narrow definition of “swap agreements”
    2009-03-19

    On February 11, 2009, the United States Court of Appeals for the Fourth Circuit, addressing an apparent issue of first impression, ruled that a series of gas supply contracts might constitute “commodity forward agreements” and, in turn, “swap agreements,” exempt from the court-appointed trustee’s avoidance actions.1 The Court reversed and remanded the decision from the United States Bankruptcy Court for the Eastern District of North Carolina, which had held that the commodity supply contracts at issue were insufficiently tied to financial markets to be considered protected “commodity forwar

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Fraud, Natural gas, Swap (finance), Commodity, Remand (court procedure), Conveyancing, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case
    Idaho Department of Finance wins court-appointed examiner in DBSI bankruptcy to probe $2 billion in allegedly fraudulent transactions
    2009-03-17

    WILMINGTON, Del. – The State of Idaho’s Department of Finance has won approval for a court-appointed examiner in the closely watched bankruptcy proceedings of DBSI, Inc., an Idaho-based investment firm. Judge Peter Walsh of the U.S. Bankruptcy Court for the District of Delaware has given the examiner the authority to probe $2 billion in allegedly fraudulent securities transactions made by DBSI. The scheme involved more than 12,000 investors and 270 properties throughout the country.

    Filed under:
    USA, Idaho, Insolvency & Restructuring, Litigation, White Collar Crime, Potter Anderson & Corroon LLP, Bankruptcy, Security (finance), Fraud, Limited liability partnership, Investment company, Power of attorney, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Recent significant commercial bankruptcy filings
    2009-03-23

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BANKRUPTCY REFORM

    House panel holds hearing on Circuit City liquidation; questions if BAPCPA to blame.  

    AUTOMOTIVE  

    Monaco Coach Corp. files Chapter 11 in Delaware.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Liquidation, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Commingling of identities held insufficient to pierce corporate veil
    2009-03-20

    The United States Bankruptcy Court for the Middle District of Pennsylvania recently found that a bankruptcy trustee could not either pierce the corporate veil of a limited liability company to reach the owners of the LLC, nor could the trustee “reverse-pierce” the corporate veil of the owners of the LLC to reach a separate restaurant business that they owned.

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Credit card, Bankruptcy, Fraud, Limited liability company, Debt, Westlaw, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Chapter 11 permits cramdown of existing loans
    2009-03-27

    As a result of the meltdown of the financial markets, lenders are severely constricting new credit facilities and refusing to renew expiring facilities. The Bankruptcy Code's chapter 11 provides a powerful mechanism for an otherwise viable business to restructure and extend its outstanding debt and in many cases, reduce interest rates on loan facilities.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Discrimination, Interest, Option (finance), Debt, Line of credit, Secured loan, United States bankruptcy court
    Authors:
    Dylan G. Trache , H. Jason Gold
    Location:
    USA
    Firm:
    Wiley Rein LLP

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