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    Fourth Circuit sets limits of bankruptcy court’s post-confirmation jurisdiction
    2007-06-07

    The Court of Appeals for the Fourth Circuit recently held that a bankruptcy court did not have jurisdiction to hear a chapter 11 debtor's breach of contract and tortious interference claims, which the debtor filed after its chapter 11 plan had been confirmed and substantially consummated. Valley Historic Limited Partnership v. Bank of New York, No. 06-1571,___ F.3d ___, WL 1439734 (4th Cir. May 17, 2007). This decision delineates the limits of bankruptcy court's jurisdiction over claims filed by the debtor after plan confirmation.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Breach of contract, Interest, Federal Reporter, Tortious interference, Liquidation, Subject-matter jurisdiction, Bank of New York Mellon, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy trustees not entitled to injunctive relief that would give them priority to D&O policy proceeds
    2007-05-15

    The United States Bankruptcy Court for the District of Massachusetts has denied injunctive relief requested by two bankruptcy trustees seeking to stay the prosecution and settlement of shareholder actions proceeding against various former officers and directors of a bankrupt corporation. In re Enivid, 2007 WL 806627 (Bankr. D. Mass. Mar. 16, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Debtor, Injunction, Security (finance), Breach of contract, Class action, Fiduciary, Board of directors, Preliminary injunction, Liquidation, US Code, United States bankruptcy court, US District Court for District of Massachusetts, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Unwinding the deal when bankruptcy looms
    2007-02-22

    Coping with the Insolvent Business Partner

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Punitive damages, Bankruptcy, Debtor, Injunction, Breach of contract, Joint venture, Liquidation, Due diligence, Default (finance), Leverage (finance), Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Suit for misuse of investment funds does not allege act in performance of “mortgage broker services” within definition of “insured services”
    2013-10-08

    The United States District Court for the Northern District of Texas has held that underlying claims that the insureds misused investment funds intended for the purchase of nonperforming mortgages did not allege negligent acts, errors, or omissions in performing “mortgage broker services” within the policy’s definition of “Insured Services.”  Axis Surplus Ins. Co. v. Halo Asset Mgmt., LLC, 2013 WL 5416268 (N.D. Tex. Sept. 27, 2013).

    Filed under:
    USA, Texas, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Mortgage loan, Negligence
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Controlling shareholder’s bankruptcy does not render entity insolvent; fraud claim uninsurable as a matter of law
    2013-04-09

    Applying Minnesota law, a federal district court has held that, where an entity’s principal shareholder was insolvent, but the entity was not, the individual’s insolvency could not be attributed to the entity for purposes of establishing Side A coverage for “Non-Indemnifiable Loss.” Zayed v. Arch Ins. Co., 2013 WL 1183952 (D. Minn. Mar. 20, 2013). The court further held that allegations of fraudulent inducement did not trigger an exclusion for claims “arising from” contractual liability, but that the claim was uninsurable as matter of law.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Shareholder, Breach of contract, Fraud
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Claims for restitutionary relief held uninsurable
    2012-07-30

    The United States District Court for the Central District of California has held that, under California law, claims for restitutionary relief are uninsurable as a matter of law. Dobson v. Twin City Fire Ins. Co., et al., 2012 WL 2708392 (C.D. Cal. July 5, 2012). Additionally, the court held that individual insureds breached a policy’s no-voluntary payment provision by settling an underlying claim without insurer consent and that the insureds’ breach was not excused by the carrier’s failure to advance defense costs.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Fraud, Fiduciary, US District Court for Central District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates
    2011-05-20

    A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage.Lane v. Endurance American Specialty Insurance Co., 2011 WL 1791343 (W.D.N.C. May 10, 2011). The court granted, however, the plaintiff’s motion to compel the insurer to provide information about all other claims noticed under the policies at issue.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Discovery, Motion to compel, Admissible evidence, Bad faith, Subsidiary, Business ethics, Collusion
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Insurer entitled to reimbursement of defense costs but only for amounts advanced prior to rescission
    2011-04-13

    The United States District Court for the Northern District of California, applying California law, has granted summary judgment in favor of a bankruptcy plan administrator for the estate of an insured, holding that the plan administrator is entitled to recover premiums paid to an insurer after the insurer rescinded the policy. In re SONICblue Inc., 2011 WL 839401 (N.D. Cal. Mar. 4, 2011). The court also held that the insurer is entitled to reimbursement for defense costs paid to the insured prior to the policy’s rescission.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Breach of contract, Fraud, Fiduciary, US District Court for Northern District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Whither the bankruptcy courts? Will they wither? Supreme Court again to consider constitutional limits on bankruptcy court jurisdiction
    2013-08-02

    Two years ago in Stern v Marshall, the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final judgment on a counterclaim against a party who had filed a claim against a debtor’s bankruptcy estate, re-opened separation of powers issues that most bankruptcy practitioners had thought settled since the mid-1980s. While the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Breach of contract, Tortious interference, Article III US Constitution, Article I US Constitution, Ninth Circuit, United States bankruptcy court
    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

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