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    Bankruptcy Rule 2019 redux – Delaware Bankruptcy Court holds that informal committee is not subject to Rule 2019
    2010-01-22

    Two decisions (one only weeks ago) have held that the scope of Bankruptcy Rule 2019 encompasses “informal committees” of bondholders and that such committees must comply with the extensive disclosure requirements of Bankruptcy Rule 2019.1 In a recent decision, Bankruptcy Judge Christopher Sontchi of the Delaware Bankruptcy Court came out the other way, ruling that such a committee was not a “committee representing more than one creditor” and, consequently, is not subject to Rule 2019.2 In so doing, Judge Sontchi considered but declined to follow the two decisions addressing the same issue:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Discovery, Consideration, Consent, Motion to compel, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Alan W Kornberg , Stephen J. Shimshak
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Kemper finally close to liquidation?
    2010-03-11

    Kemper has been on the brink of insolvency for years. It may have finally reached the end of its runway. Last week, Kemper disclosed its most recent financials, which show that very little cash is left in its two major member companies, raising the specter that it may finally be placed into a liquidation proceeding. Policyholders should be aware of the ramifications of a Kemper liquidation and take steps, if possible, to mitigate the impact a Kemper liquidation could have on their businesses.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Farella Braun + Martel LLP, Bond (finance), Voluntary association, Reinsurance, Liquidation, Balance sheet, Bank reserves, Insurance commissioner
    Authors:
    Tyler C. Gerking
    Location:
    USA
    Firm:
    Farella Braun + Martel LLP
    What is a fraudulent transfer? Decision in Elrod Holdings explains
    2010-03-07

    Introduction

    Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent. Section 548 provides, in relevant part, as follows:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Fraud, Interest, Consideration, Debt, Liquidation, Conveyancing, Circumstantial evidence, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    FDIC closes $1.8 billion private securitization of senior notes backed by RMBS
    2010-03-12

    Today, the Federal Deposit Insurance Corporation (FDIC) announced the close of a Rule 144A sale of $1.8 billion principal amount of notes backed by 103 non-agency residential mortgage backed securities (RMBS) from seven failed bank receiverships.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Alston & Bird LLP, Bond (finance), Security (finance), Interest, Mortgage loan, Cashflow, Mortgage-backed security, Federal Deposit Insurance Corporation (USA)
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New York high court applies the "single-entity exemption" in the Securities Litigation Uniform Standards Act of 1998
    2011-07-12

    In RGH Liquidating Trust v. Deloitte & Touche, LLP, 2011 WL 2471542 (N.Y.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sheppard Mullin Richter & Hampton LLP, Bond (finance), Tax exemption, Bankruptcy, Security (finance), Fraud, Class action, Liquidation, Investment company, Exclusive jurisdiction, Securities fraud, Deloitte, Pension Benefit Guaranty Corporation
    Authors:
    John P. Stigi III
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Florida district court sends strong message regarding expansive interpretation of fraudulent conveyance law in bankruptcy
    2011-02-18

    In a 113-page decision (click here to read decision) that is sure to be applauded by lenders and bond traders alike, Judge Alan S. Gold of the United States District Court for the Southern District of Florida, in overturning a Bankruptcy Court opinion that has caused lenders much concern, has issued a stern ruling that provides a bulwark against efforts by creditors and trustees in bankruptcy to expand the scope of the fraudulent conveyance provisions under the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Bankruptcy, Surety, Unsecured debt, Debt, Joint venture, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sandra E. Mayerson , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit joins Ninth in permitting general unsecured creditors to include attorneys’ fees as part of their claim
    2010-04-28

    In Ogle v. Fidelity & Deposit Co. of Maryland, 586 F.3d 143 (2d Cir. 2009), the Second Circuit has now become the second circuit court of appeals to recently conclude that general unsecured creditors may include postpetition attorneys’ fees as part of their claim when attorneys’ fees are permitted by contract or applicable state law.11

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Debtor, Unsecured debt, Federal Reporter, Concession (contract), Default (finance), Attorney's fee, Unsecured creditor, Second Circuit, United States bankruptcy court, Trustee
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Insider’s acquisition of claims to create accepting impaired class constitutes impermissible gerrymandering
    2007-08-02

    The strategic importance of classifying claims and interests under a chapter 11 plan is sometimes an invitation for creative machinations designed to muster adequate support for confirmation of the plan. Although the Bankruptcy Code unequivocally states that only “substantially similar” claims or interests can be classified together, it neither defines “substantial similarity” nor requires that all claims or interests fitting the description be classified together.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Shareholder, Debtor, Unsecured debt, Interest, Debt, Credit risk, Liquidation, Voting, Stakeholder (corporate), Substantial similarity, Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    The poison pill alternative to stock trading injunctions in Chapter 11
    2007-01-29

    The implementation of restrictions on stock and/or claims trading has become almost routine in large chapter 11 cases involving public companies on the basis that such restrictions are vital to prevent forfeiture of favorable tax attributes that can be triggered by a change in control. Continued reliance on stock trading injunctions as a means of preserving net operating loss carry forwards, however, may be problematic, after the controversial ruling handed down in 2005 by the Seventh Circuit Court of Appeals in In re UAL Corp.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Jones Day, Public company, Bond (finance), Bankruptcy, Shareholder, Debtor, Injunction, Board of directors, Taxable income, Debt, Liability (financial accounting), Internal Revenue Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt (February 2014)
    2014-02-28

    Global—On 10 January 2014, the US Supreme Court agreed to resolve a court split over the scope of discovery orders aimed at enforcing judgments against foreign states. In Argentina v. NML Capital, Ltd., No. 12-842, 2014 BL 7274 (Jan. 10, 2014), the Supreme Court granted a petition for a writ of certiorari to hear an appeal stemming from Argentina's default on its government debt in 2001. Argentina restructured its defaulted debt in 2005 and 2010.

    Filed under:
    European Union, Spain, USA, Derivatives, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Debt, Second Circuit
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    European Union, Spain, USA
    Firm:
    Jones Day

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