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    Citadel seeks Chapter 11 protection
    2009-12-24

    On Sunday, Citadel Broadcasting, the nation’s third largest radio station operator, filed for Chapter 11 bankruptcy protection after reaching a pre-negotiated restructuring agreement with creditors that hold 60% of the company’s secured debt. Citadel owns and operates 224 AM and FM radio stations that include KABC-AM in Los Angeles, WLS-AM in Chicago, and WPLJ-FM in New York City. New York’s WABC-AM, which is owned by Citadel, is the home of ABC Radio News and also hosts several syndicated radio personalities, including Don Imus and Rush Limbaugh. In documents filed with the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Share (finance), Bankruptcy, Credit (finance), Unsecured debt, Debt, Cashflow, Secured loan, JPMorgan Chase, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Weathering the storm: insurance coverage and insolvency: maximizing recovery in bankruptcy
    2009-12-22

    As we count down the days until the New Year, we are reminded of the momentous year we will leave behind us on December 31. While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. In 2009, General Motors, CIT, Chrysler, and Thornburg Mortgage filed four of the ten largest corporate bankruptcies in U.S. history. Equally notable are the number of corporate filings made in 2009.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Haynes and Boone LLP, Bankruptcy, Debtor, Breach of contract, Commercial property, Fiduciary, Interest, Debt, Credit risk, Mortgage loan, Liquidation, Liability insurance, Default (finance), General Motors, Trustee
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Stabler v. Beyers (In re Stabler)
    2010-01-07

    No. 09-6024 (8th Cir. BAP 11/30/09)

    Filed under:
    USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Debt, Refinancing, Secured creditor, Corporate bond, Bankruptcy discharge, Secured loan, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Third Circuit says “settlement payment” exemption under Bankruptcy Code Section 546(e) includes private company LBOs
    2010-01-05

    Elaborating on its Resorts decision of ten years ago concerning payments to shareholders in a public leveraged buyout,1 the Court of Appeals for the Third Circuit recently ruled in In re Plassein Int’l, Corp.2 that the “settlement payment” exemption of section 546(e) of the Bankruptcy Code also insulates selling shareholders in a private LBO from fraudulent transfer liability.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Share (finance), Shareholder, Security (finance), Fraud, Safe harbor (law), Privately held company, Debt, Leveraged buyout, Default (finance), Secured loan, Title 11 of the US Code, Third Circuit
    Authors:
    Alan W Kornberg , Stephen J. Shimshak
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Sweeping environmental liability under the bankruptcy carpet: fresh start is not guaranteed
    2010-01-05

    Businesses considering filing Chapter 11 for bankruptcy protection may not necessarily be able to avoid certain environmental cleanup obligations. The underlying policy goals of bankruptcy and environmental laws are in direct conflict in that bankruptcy law seeks to promote financial rehabilitation by discharging a debtor's past obligations in order to promote financial rehabilitation while environmental law seeks to ensure that the government can order responsible parties to clean up contamination, including historical pollution caused by business predecessors.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Day Pitney LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Debt, Waste management, Joint and several liability, Bankruptcy discharge, US Environmental Protection Agency, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Authors:
    Tricia H. Foley , James J. "Jim" Tancredi
    Location:
    USA
    Firm:
    Day Pitney LLP
    TCW withdraws securities from the Public-Private Investment Program
    2010-01-07

    This past Monday, in the wake of last month's termination of TCW Group, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Investment management, Debt, Mortgage loan, Liquidation, US Department of the Treasury
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Bankruptcy court rules “Flip Clause” violates ipso facto provisions
    2010-01-29

    In a matter of first impression arising in the largest corporate bankruptcy in history, In re Lehman Brothers Holdings Inc., the Bankruptcy Court for the Southern District of New York invalidated a common contractual provision shifting payment priority upon the default of a swap counterparty (“Flip Clause”) in a credit-linked debt structure.1

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Swap (finance), Debt, Default (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Delaware Bankruptcy Court decisions highlight split on Rule 2019 disclosure
    2010-01-28

    In a Jan. 20, 2010, opinion, Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware held that a group of investors who had together proposed a plan of reorganization for the debtor did not have to comply with the disclosure requirements of Federal Rule of Bankruptcy Procedure 2019 (“Rule 2019”) In re Premier International Holdings, Inc., No. 09-12019 (Bankr. D. Del. Jan. 20, 2010) (Sontchi, J.) (“Six Flags”). In Six Flags, Judge Sontchi expressly disagreed with two prior decisions on the subject of Rule 2019 disclosure, one by Judge Mary K.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Interest, Discovery, Debt, Motion to compel, United States bankruptcy court, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    Lawrence V. Gelber , Jonathan D. Blattmachr
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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