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    ABI chapter 11 Reform Commission series: oversight of the case (part I)
    2015-01-08

    Like many of our readers, we at the Bankruptcy Blog spent our holiday breaks curled up with our copies of the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 Final Report and Recommendations, which by now are quite dog-eared.

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor in possession
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    What did the ABI Chapter 11 Commission recommend on intellectual property licenses and bankruptcy issues?
    2014-12-16

    Click here to view image.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Cooley LLP, Bankruptcy, Debtor in possession
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Can I borrow your cause of action for a minute? Derivative standing in the Seventh Circuit
    2014-12-10

    A debtor’s prepetition causes of action and other legal interests typically become property of the debtor’s estate under section 541 of the Bankruptcy Code. In a chapter 11 case, this often leaves the trustee (or debtor in possession) with the sole authority to pursue – or not pursue – such causes of action postpetition. Although the trustee is generally required to maximize the value of the estate, situations can arise where a trustee refuses to pursue litigation that is otherwise in the estate’s best interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Standing (law), Debtor in possession, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Weathering the storm: is TMT Procurement the death knell for debtor in possession financing in the Fifth Circuit or just a pebble in the ocean?
    2014-09-10

    On September 3, 2014, the United States Court of Appeals for the Fifth Circuit entered an opinion vacating various orders of the United States Bankruptcy Court and District Court for the Southern District of Texas (the “Bankruptcy Court” and the “District Court”) in the bankruptcy cases of TMT Procurement Corporation and its affiliated debtors (the “Debtors”), including a final order approving the Debtors’ post-petition debtor in possession financing (the “DIP Order”) with Macqua

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Debtor in possession, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    Judith Elkin
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    A key customer filed for bankruptcy: should you keep doing business with them?
    2014-07-23

    When a key customer files bankruptcy, one of the first questions you will face is whether to keep doing business or end the relationship. (Another key question is making sure your pre-bankruptcy claim gets on file or otherwise acknowledged.) Since companies in bankruptcy (called debtors or debtors in possession) usually cannot survive without trade support, they often reach out to suppliers to ask for trade terms, or at least a steady supply of goods, after a Chapter 11 reorganization bankruptcy is filed.

    Filed under:
    USA, Insolvency & Restructuring, Cooley LLP, Bankruptcy, Debtor, Debtor in possession
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    The pain that comes along with walking a mile in your own shoes … Circuits refuse to allow reorganized debtors to “step in the shoes” of debtors in possession as subrogees
    2014-07-16

    Walk a mile in my shoes

    Walk a mile in my shoes

    Yeah, before you abuse, criticize and accuse

    Walk a mile in my shoes

    (Elvis Presley, “Walk a Mile in My Shoes”)

    Walk a mile in these Louboutins

    But they don’t wear these *%!# where I’m from

    I’m not hating, I’m just telling you

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor in possession
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court rules Houston Astros cannot strike out fiduciary duties in bankruptcy
    2014-03-05

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Legal personality, Fiduciary, Limited liability company, Limited partnership, Debtor in possession, Comcast
    Location:
    USA
    Firm:
    Dechert LLP
    Court determines that DIP lender’s superpriority administrative claim takes priority over claims of a Chapter 7 trustee
    2014-01-13

    The Bankruptcy Court for the Southern District of Florida recently issued an important decision for administrative creditors in chapter 11 cases and chapter 7 cases alike.  In In re National Litho, LLC, 2013 WL 2303786 (Bankr. S.D. Fla.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Cooley LLP, Debtor in possession, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    Can a bankrupt franchisee assign its franchise without the franchisor’s consent?
    2013-11-05

    When a franchisee files for bankruptcy, a franchisor naturally has concerns over how the process will affect the parties’ relationship. Of particular concern is the possibility that the franchisor will be forced into a relationship with an unacceptable successor as a result of a bankruptcy judge’s decision to authorize assumption and assignment of the franchise agreement over the franchisor’s objection.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Default (finance), Debtor in possession, United States bankruptcy court
    Authors:
    Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Receivership reforms, part two: establishing and empowering receivers
    2013-09-16

    In our last post, we gave a broad overview of Missouri receivership law and why it needs to change. In the next two posts, we’ll dive deeper, provide background on receiverships, and detail specific reforms that could provide much-needed updates to the process.

    Types of receiverships

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Thompson Coburn LLP, Debtor, Foreclosure, Debtor in possession
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP

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