Transactions can be outside the "ordinary course" and require SOFA disclosure without being fraudulent

STAMAT v. NEARY (March 24, 2011)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Debt, Legal burden of proof, Bench trial, United States bankruptcy court, Trustee
Location:
USA
Firm:
Kelley Drye & Warren LLP
Bankruptcy court's interpretation of reorganization plan it confirmed receives deferential treatment

IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Telecoms, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Standard of review, Estoppel, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Sbarro and Quiznos serve up prepackaged “cramdown” plans

The chapter 11 filings this month of Sbarro and Quiznos 

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
McCaskill-Bond amendment applies to bankrupt air carrier

COMMITTEE OF CONCERNED MIDWEST FLIGHT ATTENDANTS FOR FAIR AND EQUITABLE SENIORITY INTEGRATION v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS AIRLINE DIVISION (November 30, 2011)

Filed under:
USA, Aviation, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
Location:
USA
Firm:
Kelley Drye & Warren LLP
Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)

Irving Picard, the trustee overseeing the liquidation of Bernard L.

Filed under:
USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Second Circuit, United States bankruptcy court, Trustee
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
Pro-rata calculation of pre-petition portion of tax refund was reasonable

IN RE: MEYERS (August 2, 2010)

Filed under:
USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Debt, Liability (financial accounting), Legal burden of proof, Prima facie, Pro rata, United States bankruptcy court, Trustee
Location:
USA
Firm:
Kelley Drye & Warren LLP
Detroit’s proposed plan of adjustment – two crucial questions

The chapter 9 bankruptcy case of the City of Detroit has been as complex and litigious as anticipated.  Nevertheless, Emergency Manager Kevyn Orr has kept plodding forward, and last week filed a proposed plan of adjustment, the road map for the Motor City to emerge from bankruptc

Filed under:
USA, Michigan, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
Tort claim does not get administrative claim status when bankrupt business is liquidating

IN RE: RESOURCE TECHNOLOGY CORP. (OCTOBER 31, 2011)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Liquidation
Location:
USA
Firm:
Kelley Drye & Warren LLP
Assigned bankruptcy claims included right to collect cure amount

REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, Indian National Congress, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded

SMITH v. SIPI, LLC (July 27, 2010)

Filed under:
USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP