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    Third Circuit affirms Delaware Bankruptcy Court stub rent decision
    2010-10-22

    Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to "timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1)." In 2001 the Third Circuit construed this section to require the debtor to perform the lease in accordance with its terms. CenterPoint Properties v. Montgomery Ward Holding Corp. (In re Montgomery Ward Holding Corp.), 268 F.3d 205 (3d Cir. 2001).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Retail, Debtor, Landlord, Federal Reporter, Debtor in possession, Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, First Circuit, Circuit court
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Compensation distributions triggered by events outside the debtor’s control are property of the estate and subject to avoidance
    2010-12-01

    Parks v. Dittmar (In re Dittmar), 618 F.3d 1199 (10th Cir. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Federal Reporter, Option (finance), Initial public offerings, Dissenting opinion, Bankruptcy Appellate Panel, Tenth Circuit, Circuit court
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy claims trading: Seventh Circuit clarifies that acquired rights may include a “cure” claim but recovery is still not guaranteed
    2011-03-01

    On Feb. 18, 2011, the Seventh Circuit Court of Appeals (the “Circuit Court”) held that (i) an assignment of unsecured contract claims from AT&T to ReGen Capital I, Inc. (“ReGen”) was broad enough to include right to receive “cure” payments in the event the debtor, UAL Corporation (“United”), assumed the underlying executory contracts, but (ii) ReGen could not successfully assert a “cure” claim because United had not assumed the executory contracts, even though United’s confirmed plan of reorganization included them on a list of assumed contracts. ReGen Capital I, Inc. v. UAL Corp.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Federal Reporter, Marketing, Default (finance), United States bankruptcy court, Seventh Circuit, Circuit court
    Authors:
    David J. Karp
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Third Circuit finds market price more probative than experts in establishing valuation of subsidiary at time of spin out
    2007-05-16

    The Third Circuit Court of Appeals recently upheld the dismissal of a suit by the shareholders and creditors of Vlasic Foods International, Inc., a former Campbell Soup subsidiary that had been “spun out” of the parent. The case, VFB, LLC v. Campbell Soup Co. (March 30, 2007), upholds the broad discretion of trial courts to determine valuation issues in the context of corporate transactions and, more specifi cally, gives great weight to market capitalization as a measure of value.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Drinker Biddle & Reath LLP, Bankruptcy, Shareholder, Market capitalisation, Breach of contract, Dividends, Testimony, Debt, Subsidiary, Valuation (finance), Third Circuit, Circuit court
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Petition for Certiorari filed with respect to Thompson v. Greenwood wherein the Court of Appeals for the Sixth Circuit became the first circuit court to rule on the issue of whether a bankruptcy court has authority to retain a case filed in improper venue
    2008-08-12

    The Court of Appeals for the Sixth Circuit became the first circuit court to rule on the issue of whether a bankruptcy court has authority to retain a case filed in improper venue. The Court found that a bankruptcy court may not retain jurisdiction on a case that was filed in an improper venue. In Thompson v. Greenwood, 507 F.3d 416 (6th Cir. 2007), the Sixth Circuit follows strict statutory construction in holding that where there is improper venue a bankruptcy court must dismiss the case or transfer it to a district where it could have been brought originally.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Debtor, Statutory interpretation, Federal Reporter, Supreme Court of the United States, United States bankruptcy court, Sixth Circuit, Circuit court
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Pension plan termination premium claims may not be dischargeable in bankruptcy
    2009-12-21

    The Supreme Court declines to review a circuit court decision in Oneida Ltd., which held that a debtor cannot discharge in bankruptcy, as a prepetition claim, premiums it owes to the Pension Benefit Guaranty Corporation in connection with the termination of a pension plan.

    Introduction

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Defined benefit pension plan, Bankruptcy discharge, Compound interest, Pension Benefit Guaranty Corporation, US Code, Title 11 of the US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Circuit court
    Authors:
    Sharon L. Levine , Christine Osvald-Mruz , Wojciech F. Jung
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Trademark Licensees’ Rights Survive Bankruptcy Rejection
    2019-05-31

    In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cadwalader Wickersham & Taft LLP, Bankruptcy, Fourth Circuit, Seventh Circuit, Circuit court
    Authors:
    Ingrid Bagby , Eric Waxman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA
    2018-11-15

    The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law in West Virginia, an answer is forming.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Consumer protection, Debt, Foreclosure, Standing (law), Debt collection, Bankruptcy discharge, Circuit court
    Authors:
    Andrew B. Buxbaum , David M. Gettings , David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy claims trading: Seventh Circuit clarifies that acquired rights may include a “cure” claim but recovery is still not guaranteed
    2011-03-01

    On Feb. 18, 2011, the Seventh Circuit Court of Appeals (the “Circuit Court”) held that (i) an assignment of unsecured contract claims from AT&T to ReGen Capital I, Inc. (“ReGen”) was broad enough to include right to receive “cure” payments in the event the debtor, UAL Corporation (“United”), assumed the underlying executory contracts, but (ii) ReGen could not successfully assert a “cure” claim because United had not assumed the executory contracts, even though United’s confirmed plan of reorganization included them on a list of assumed contracts. ReGen Capital I, Inc. v. UAL Corp.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Federal Reporter, Marketing, Default (finance), United States bankruptcy court, Seventh Circuit, Circuit court
    Authors:
    David J. Karp
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Third Circuit affirms Delaware Bankruptcy Court stub rent decision
    2010-10-22

    Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to "timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1)." In 2001 the Third Circuit construed this section to require the debtor to perform the lease in accordance with its terms. CenterPoint Properties v. Montgomery Ward Holding Corp. (In re Montgomery Ward Holding Corp.), 268 F.3d 205 (3d Cir. 2001).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Retail, Debtor, Landlord, Federal Reporter, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, Third Circuit, First Circuit, Circuit court, Trustee
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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