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    Overview of leading U.S. bankruptcy cases of 2011
    2012-02-29

    Click here to view table

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Supreme Court to weigh in on plan credit bidding
    2012-02-29

    About two years ago, decisions were issued by different circuit court of appeals that addressed the fundamental issue of whether a plan proponent can deny a secured creditor the right to credit bid on collateral of the secured creditor when the sale is made pursuant to a plan of reorganization. Both circuit courts, including the Third Circuit in the much heralded Philadelphia Newspapers LLC decision, found that a debtor could deny a secured creditor that opportunity. See In re Philadelphia Newspapers, 599 F.3d 298 (3rd Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Secured creditor, Third Circuit
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Is Chapter 9 really an option for most municipalities?
    2012-02-29

    News reports in 2011 suggested that municipal bankruptcy filings were frequent and substantial. Each of Central Falls, Rhode Island, Harrisburg, Pennsylvania, and Jefferson County, Alabama filed for bankruptcy protection in the second half of 2011. Even a state-owned local monopoly on (legal) gambling was not safe from financial turmoil in 2011: Suffolk County’s Off-Track Betting Corporation filed for bankruptcy on March 18. Indeed, 2011 seemed to be the year of chapter 9, which governs municipal bankruptcy filings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Gambling
    Authors:
    Francisco Vazquez , Marc B. Roitman
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Decisions in Enron and Madoff cases confirm safe harbor protections
    2012-02-29

    Active participants in the derivatives market rely on the Bankruptcy Code safe harbor set forth in section 546(e) in pricing their securities. That provision restricts a debtor’s power to recover payments made in connection with certain securities transactions that might otherwise be avoidable under the Bankruptcy Code. Two high profile cases decided in 2011 addressed challenges to the application of section 546(e). The more widely reported decision (at least outside the bankruptcy arena) was in connection with the Madoff insolvency case. See Picard v.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Debtor, Security (finance), Derivatives market, Enron
    Authors:
    Robert J. Gayda
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    New bankruptcy rule 2019
    2012-02-29

    In a September 7, 2010 article, the Wall Street Journal reported an uptick in bankruptcy claim activity by traders and the desire of the traders to not comply with certain bankruptcy disclosure requirements that applied to “committees.” The Journal highlighted one case where Bankruptcy Judge Brendan Shannon of the Delaware District Court held the following exchange with a lawyer for certain bondholders: “‘Are you a Committee?’ The lawyer began to answer, ‘Well, actually Your Honor, we are a group of - -’.

    Filed under:
    USA, Insolvency & Restructuring, Chadbourne & Parke LLP, Bankruptcy, Distressed securities
    Authors:
    Douglas E. Deutsch
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    New York court declares Mexican guarantors liable despite pending Mexican bankruptcy proceeding
    2012-03-01

    A New York trial court recently held that affiliates and subsidiaries of a bankrupt Mexican holding company were liable as guarantors on indentures issued by the corporation, despite ongoing Mexican bankruptcy proceedings that could potentially discharge their liability under Mexican law. Wilmington Trust, National Assoc. v. Vitro Automotriz, S.A. De C.V., et al., No. 652303/11 (N.Y. Sup. Ct. 2011).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Surety, Injunction, Preliminary injunction, Holding company
    Authors:
    Phoebe Wilkinson , Andrea Voelker
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Key 2011 decisions on chapter 11 plan confirmation issues
    2012-02-29

    Although 2011 saw major decisions concerning many facets of bankruptcy law, perhaps no area of bankruptcy law drew as many high-profile decisions as the standards for confirming a chapter 11 plan of reorganization. We draw your attention to three particularly important 2011 decisions that are likely to heavily influence the contours of many future chapter 11 plans.

    Designating Votes Not Cast in Good Faith

    Filed under:
    USA, Insolvency & Restructuring, Chadbourne & Parke LLP, Bankruptcy, Debt, Good faith
    Authors:
    Douglas E. Deutsch , Eric Daucher
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Important 2011 rulings on foreign proceedings
    2012-02-29

    Chapter 15 of the Bankruptcy Code was enacted in 2005 to create a procedure to recognize an insolvency or debt adjustment proceeding in another country and to, in essence, domesticate that proceeding in the United States. Once a foreign proceeding is “recognized,” a step which cannot be achieved without a foreign representative satisfying various requirements, the foreign representative may obtain certain protections from a United Stated bankruptcy court, including the imposition of the automatic stay to protect the foreign debtor’s property in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Liquidation, Bear Stearns, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Francisco Vazquez , Eric Daucher
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    District court significantly limits Madoff trustee’s claims against investors
    2011-12-01

    The U.S. District Court for the Southern District of New York recently issued a decision that will significantly limit the chances of success for many claims that the trustee of the Bernard L. Madoff Investment Securities (“BLMIS”) estate, Irving Picard, has brought against former investors in BLMIS to recover funds for the estate. In Picard v. Katz, 11 Civ. 3605 (S.D.N.Y.), District Judge Jed S. Rakoff issued a decision that dismissed most of the causes of action brought against a group of investors under the U.S.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Fraud, US District Court for the Southern District of New York
    Authors:
    Thomas J. Hall
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Recent cases may signal a trend for U.S. courts to accord insurers increased rights to object to the institution of an asbestos settlement trust
    2011-11-10

    An article by the National Underwriter Company discusses a recent Moody’s report that asbestos claims are again on the rise after years of declining or flat claims.1 This has led several insurers to increase their asbestos reserves and Moody’s views this trend as a warning flag for the property and casualty insurance industry as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Standing (law), Underwriting, Casualty insurance, General Motors, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Howard Seife , David M. Raim , Donald J. Mros , Francisco Vazquez
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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