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    New Delaware Chapter 11 Filing - Vitamin World, Inc.
    2017-09-12

    Vitamin World, Inc., along with eight of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-11933). In the Petition, Vitamin World reports $50 million to $100 million in assets and $10 million to $50 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - FirstRain, Inc.
    2017-06-05

    FirstRain, Inc., an enterprise software company headquartered in San Mateo, CA, has filed voluntary petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11249). FirstRain’s petition estimates both its assets and liabilities to be between $1 to $10 MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender
    2017-03-22

    Foreign financial institutions that trade dollar-denominated securities on the secondary market may not appreciate that they could be forced to defend an action arising from such a transaction in a U.S. court. That is what happened, however, to an Austrian bank that purchased a $10 million interest in a syndicated $1.5 billion term loan on the secondary market. In a recent decision, the bankruptcy court in Motors Liquidation Co. Avoidance Action Trust v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.), Adv. Pro. No. 09-00504 (MG), 2017 WL 632126 (Bankr. S.D.N.Y. Feb.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Personal jurisdiction, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme
    2016-07-12

    On June 28, 2016, the U.S. Supreme Court agreed to hear a challenge to a Third Circuit-affirmed settlement and dismissal of the chapter 11 cases of Jevic Transportation, Inc. (“Jevic”) and certain of its affiliates. SeeOfficial Comm. of Unsecured Creditors v. CIT Grp./Bus. Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015), cert. grantedCzyzewski v. Jevic Holding Corp., No. 15-649, 2016 WL 3496769 (U.S. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Wage, Bankruptcy, Unsecured debt, Class action, Federal Reporter, Leveraged buyout, US Code, Worker Adjustment and Retraining Notification Act 1988 (USA), Sun Capital Partners, SCOTUS, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Jacob S. Frumkin
    Location:
    USA
    Firm:
    Cole Schotz PC
    Is a “Sound Business Purpose” Always Enough?
    2016-01-13

    Chapter 11 of the Bankruptcy Code trusts a debtor in possession to operate its business.  In general, a debtor in possession “is free to use, sell[,] or lease property of the . . . estate in the operation of the debtor’s business.”1  This discretion is “at the heart” of the powers of a debtor in possession, 2  and courts are reluctant “to interfere, or to permit other parties in interest to interfere, in the making of routine, day-to-day business decisions.” 3  Therefore, a court will not disturb

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Cole Schotz PC, Debtor in possession
    Authors:
    David W. Giattino
    Location:
    USA
    Firm:
    Cole Schotz PC

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