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    Creditor that Filed an Excessive Claim Draws Court’s Rebuke and Possible Sanctions
    2023-02-06

    This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. The message from the case to would-be claimants in other cases is simple: do not “overreach.”In re U Lock, Inc., Case No. 22-20823, 2023 WL 308210, at *1 (Bankr. W.D. Pa. Jan. 17, 2023).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Mediation
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Third Circuit Dismisses J&J Bankruptcy Case for Lack of Good Faith
    2023-02-06

    “The theme is clear: absent financial distress, there is no reason for Chapter 11 and no valid bankruptcy purpose.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Good faith, Johnson & Johnson, Third Circuit
    Authors:
    Douglas S. Mintz , Kelly (Bucky) Knight , Robert D. Brown
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The Supreme Court has refused a debtor permission to appeal against a bankruptcy order in the case of Howell v Hughes & Hughes
    2023-02-06

    Mr and Mrs Hughes had granted a tenancy of a house to Mr Howell. He did not pay all of the rent and so they instructed Eleanor Solomon of Anthony Gold who issued possession proceedings. In September 2015 a possession order and money judgment were made against him. He did not satisfy the judgment debt and a bankruptcy petition was presented.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Anthony Gold, Bankruptcy
    Authors:
    Clifford Tibber
    Location:
    United Kingdom
    Firm:
    Anthony Gold
    TGIF 4 June 2021 - Trash or treasure: recovering property disclaimed by a bankruptcy trustee
    2021-06-04

    This week’s TGIF looks at the decision of the Federal Court of Australia in Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418, where former mortgagees satisfied the Court that property disclaimed by the bankruptcy trustee should vest in them on the basis of a prior dealing between themselves and the bankrupt.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    The ‘Constitutional Imperative’ - a bankrupt’s right to review a sequestration order
    2021-06-02

    In Bechara v Bates,[1] the Full Federal Court reminds us of the proper procedure for review of a sequestration order made by a registrar. This case raises an important point about bankruptcy practice and procedure in the Federal Circuit Court and the Federal Court.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gadens, Bankruptcy, Due diligence
    Authors:
    Scott Couper
    Location:
    Australia
    Firm:
    Gadens
    Chancery Court Declines to Expand Gentile Doctrine
    2021-06-03

    In Dr. Thomas Markusic et al. v. Michael Blum et al. memorandum opinion 200818, the Delaware Chancery Court (the “Court”) declined to extend the Gentile doctrine. In so doing, the Court held that the counterclaims attempting to rely on it had to be dismissed.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, K&L Gates LLP, Bankruptcy
    Authors:
    Scott E. Waxman
    Location:
    USA
    Firm:
    K&L Gates LLP
    El convenio como herramienta para empezar de nuevo
    2021-06-01

    Un Juzgado de lo Mercantil aprueba, por primera vez, la modificación de un convenio concursal al amparo de la normativa de medidas procesales y organizativas para hacer frente al COVID-19 en el ámbito de la administración de justicia.

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Litigation, CMS Albiñana & Suárez de Lezo, Bankruptcy, Coronavirus
    Authors:
    Juan Ignacio Fernández Aguado
    Location:
    Spain
    Firm:
    CMS Albiñana & Suárez de Lezo
    Pandemic fuels real estate and hospitality turnaround M&A activity
    2021-06-01

    The COVID-19 pandemic shook the global real estate and hospitality industry as lockdowns were put in place across the globe. The sudden and unexpected lack of footfall caused revenues in physical centers such as restaurants, shopping malls and hotels to plummet, compounding existing structural inefficiencies and accelerating the speed of change for many businesses.

    Filed under:
    Global, USA, Insolvency & Restructuring, Real Estate, White & Case, Bankruptcy, Private equity, Coronavirus
    Authors:
    Brice Engel , Dr. Holger Wolf , Eugene J.M. Leone , David J. Pezza
    Location:
    Global, USA
    Firm:
    White & Case
    A Reminder That a 9019 Motion Is Not a Slam Dunk: Bankruptcy Court Denies 9019 Motion After Determining That Approving Certain Findings Required By Settlement Would Amount to Inappropriate Advisory Opinion
    2021-06-01

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Authors:
    Ronit J. Berkovich , Ryan C. Rolston
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    3 ways that banks can adapt to survive and avoid their “Kodak Moment”
    2021-05-26

    Almost everyone knows the tale of Kodak. After over 100 years of market dominance in film and camera production, it was forced into bankruptcy in 2012 after Kodak’s management failed to understand the threat of digital photography on their business.

    A similar story befell Blockbuster. A market leader in the late 1990s, by 2010 its business was in tatters as Netflix and online streaming soared in popularity.

    Filed under:
    Ireland, United Kingdom, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, DueDil, Blockchain, Bankruptcy, Fintech, Artificial intelligence, Open banking, Coronavirus, HSBC
    Location:
    Ireland, United Kingdom
    Firm:
    DueDil

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