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    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    COVID-19: Modified Bankruptcy Court Procedures
    2020-03-23

    As the nation hunkers down to combat the novel coronavirus (COVID-19), bankruptcy courts throughout the country have moved quickly to implement procedures to preserve access to the courts while limiting in-person interaction during the crisis. Each court’s specific COVID-19 procedures are different, but they largely prohibit in-person hearings, recognize the need for flexibility and adjournments for non-emergent matters whenever possible, and encourage the creative use of technology to allow as many matters to go forward as scheduled, including evidentiary hearings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Coronavirus
    Authors:
    Robert L. LeHane , KRISTIN S. ELLIOTT
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Detroit emergency manager posits sale of art masterpieces as bankruptcy looms -Van Gogh(ing) once, twice, sold?
    2013-05-30

    Kevyn Orr, the emergency manager appointed by Michigan Governor Rick Snyder to try to resolve the Detroit financial crisis, has effectively replaced the Detroit mayor,

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Mets' owners swing for the fences against Madoff trustee
    2011-08-24

    Fred Wilpon, Saul Katz, and their families and affiliated enterprises (the “Wilpon/Katz Group”) last week formally requested the dismissal of the adversary proceeding commenced by Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”). In a two hour hearing before U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Discovery, Debt, Mediation, Good faith, Title 11 of the US Code, Second Circuit, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Meet the mess, cont'd -- former Governor Cuomo asked to mediate Madoff trustee's lawsuit against Mets owners
    2011-02-14

    Judge Burton Lifland, the bankruptcy judge overseeing the liquidation proceedings of Bernard L.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Limited liability company, Discovery, Mediation, Liquidation, Attorney's fee, Title 11 of the US Code, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Square Peg / Round Hole - The Supreme Court and the Constitutional Authority of U.S. Bankruptcy Courts
    2018-09-11

    The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the Constitution rather than under Article III.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Now it gets interesting - Stockton, CA found eligible to remain in Chapter 9
    2013-04-09

    Nearly nine months after it filed for protection under Chapter 9 of the Bankruptcy Code, a federal bankruptcy judge last week determined that the city of Stockton, California has satisfied the requirements of Section 109(c) of the Bankruptcy Code a

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Public, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Seventh Circuit dodges intra- and inter-circuit conflict regarding res judicata and bankruptcy
    2011-08-15

    MATRIX IV, INC. v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO (July 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Breach of contract, Fraud, Res judicata and issue estoppel, Estoppel, Summary offence, Common law, Collateral estoppel, Collusion, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Does the Bankruptcy Code's automatic stay provision apply to qui tam actions?
    2011-02-07

    Yes, but only if the government declines to intervene in the action. United States ex rel. Kolbeck v. Point Blank Solutions, Inc., 1:08-cv-1187 (E.D. Va.), recently addressed this issue.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Federal Reporter, False Claims Act 1863 (USA), US Code, Title 11 of the US Code, Eighth Circuit, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Practical issues of private international law arising in cross-border insolvencies
    2019-07-19

    Forum bias, along with some technical issues, are still challenges in cross-border insolvencies in Australia

    Just over ten years ago, Lehman Brothers filed for bankruptcy in the US, which turned out to be one of the largest cross-border insolvency cases in history.

    Last year also marks:

    Filed under:
    Australia, Global, United Kingdom, USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy, Debtor
    Authors:
    Karen O'Flynn
    Location:
    Australia, Global, United Kingdom, USA
    Firm:
    Clayton Utz

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