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    Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem
    2018-08-20

    Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the basis that, among other things, such c

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Breach of contract, Tenth Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Links for Restructuring Professionals to Key Cases, Articles, and News Briefs for May 1-6, 2018
    2018-05-23

    Here’s an aggregation of some of my Twitter posts from May 1-6, 2018, with links to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts.

    May 1 – 6, 2018

    BK RELATED CASES:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robbins DiMonte Ltd, Breach of contract, Duty of care, Collateral estoppel
    Authors:
    Steve Jakubowski
    Location:
    USA
    Firm:
    Robbins DiMonte Ltd
    Links for Restructuring Professionals to Key Cases, Articles, and News Briefs for April 13-22, 2018
    2018-05-13

    Here’s an aggregation of my daily Twitter posts from April 13-22, 2018, linking to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts.

    April 13 – 22, 2018

    BK CASES:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robbins DiMonte Ltd, Private equity, Breach of contract
    Authors:
    Steve Jakubowski
    Location:
    USA
    Firm:
    Robbins DiMonte Ltd
    Chancery Court Defines De Novo Standard of Review for Appeals of Receiver’s Decisions Disallowing Claims
    2017-10-16

    In B.E. Capital Management Fund LP v. Fund.Com Inc., C.A. No. 12843-VCL (Del. Ch. October 4, 2017), the Delaware Court of Chancery denied an appeal from a receiver’s decision disallowing a claim for breach of contract against a company in receivership. The Court held that the appropriate standard of review for an appeal of a receiver’s decision was de novo as to both law and facts, and in particular, that the Court had discretion to consider additional evidence not presented on record to the receiver.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, K&L Gates LLP, Breach of contract, Statute of limitations, Standard of review, Delaware General Corporation Law, Delaware Court of Chancery
    Authors:
    Jessica Pearlman , Will Smith
    Location:
    USA
    Firm:
    K&L Gates LLP
    Enforcing Arbitration Provisions In Bankruptcy Cases - Another Court Weighs In
    2017-09-05

    Are arbitration clauses enforceable in a bankruptcy case? Last month, the U.S. District Court for the Eastern District of Arkansas said “yes” and held that state law causes of action that arose out of alleged breaches of contract and other state law theories of liability should be arbitrated as agreed to by the parties in their pre-petition contracts rather than litigated in the bankruptcy court. Gavilon Grain LLC v. M.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Breach of contract
    Authors:
    Travis A. McRoberts
    Location:
    USA
    Firm:
    Squire Patton Boggs
    In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims
    2017-08-11

    Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims asserted against a debtor by equityholders in respect of their equity holdings. However, courts do not always agree on the scope of this provision in attempting to implement its underlying policy objectives. In In re Lehman Brothers Holdings Inc., 2017 WL 1718438 (2d Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Breach of contract, Lehman Brothers, Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Commercial Division Declines to Use New York Debtor and Creditor Law to Enjoin a Defendant’s Asset Sale Without Evidence of Inadequate Consideration
    2017-07-31

    In Del Forte USA, Inc. v. Blue Beverage Group, Inc. et al., No. 518454/2016, 2017 BL 253248 (Sup. Ct. Jul. 17, 2017), New York Commercial Division Justice Sylvia G. Ash denied plaintiff Del Forte’s preliminary injunction motion that sought, pursuant to N.Y.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Breach of contract, Preliminary injunction
    Authors:
    Muhammad U. Faridi
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Sixth Circuit Court of Appeals Sharpens the “Teeth” of Assignments of Rents by Excluding Them From Defaulted Borrower’s Bankruptcy Estate
    2017-07-13

    When a defaulted borrower files a bankruptcy petition, two important events occur: (1) a bankruptcy “estate” comprised of certain assets of the debtor is created; and (2) all collection efforts (and pending litigation) against the debtor or its assets are automatically stayed. Accordingly, the court’s determination of whether items are or are not property of the debtor and of the bankruptcy estate is of critical importance to the creditor’s ability to collect on its debt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Dykema Gossett PLLC, Bankruptcy, Breach of contract, United States bankruptcy court, Sixth Circuit
    Authors:
    Michael D. Rothstein , Michael R. Vogt
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Contract rejection - As interpreted in outer harbor terminal’s bankruptcy
    2017-02-22

    On February 21, 2017, Judge Silverstein of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Outer Harbor Terminal bankruptcy proceeding – Bankr. D. Del., Case 16-10283. The Opinion is available here. This Opinion decided the Debtor’s objection to a claim for breach of contract filed by Kawasaki Kisen Kaisha, Ltd. (“K Line”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief
    2016-12-02

    In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what it perceived to be a flaw in the approach that many courts apply to motions for relief from the automatic stay.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Surety, Debtor, Breach of contract, Legal burden of proof, Title 11 of the US Code, Second Circuit, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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