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    Delaware Bankruptcy Court cuts off electricity providers’ access to Section 503(b)(9) of the Bankruptcy Code
    2013-11-13

     

    The Bankruptcy Court for the District of Delaware recently ruled in In re NE OPCO, INC., 2013 Bankr. LEXIS 4569 (Bankr. D. Del. Nov. 1, 2013), that electricity is not a “good” for purposes of 11 U.S.C. § 503(b)(9).

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Debtor, Electricity, United States bankruptcy court
    Authors:
    Douglas M. Foley , J. Robertson Clarke
    Location:
    USA
    Firm:
    McGuireWoods LLP
    How one struggling auto company used chapter 15 to protect its U.S. assets
    2013-11-14

    Although its Israel-based electric car company had already filed bankruptcy in its home country, Better Place, Inc., the U.S. parent of the foreign debtor, filed for protection under chapter 15 of the Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware earlier this summer, in the hopes of obtaining protection of its U.S. assets while the foreign bankruptcy was being administered.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joanne Lee
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Bankruptcy: an opportunity to settle FINRA member - employee disputes
    2013-10-28

    Last year, a U.S. bankruptcy court held that a bankruptcy trustee could settle a Financial ‎Industry Regulatory Authority (“FINRA”) suit against a broker-dealer by its former employee ‎seeking damages and expungement of alleged false and defamatory FINRA Form U-5 ‎termination disclosure language, over the objection of the former employee-debtor.2  Once a ‎bankruptcy case is filed by a former employee, the claims become property of the bankruptcy ‎estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lewis Roca Rothgerber Christie LLP, Bankruptcy, Debtor, Defamation, Broker-dealer, FINRA, United States bankruptcy court
    Authors:
    Susan M. Freeman , Edwin A. Barkel
    Location:
    USA
    Firm:
    Lewis Roca Rothgerber Christie LLP
    Ninth Circuit rules that withdrawal liability may be discharged in bankruptcy
    2013-11-01

    In a decision that comes as welcome news to some employers, the Ninth Circuit Court of Appeals recently ruled that an employer that incurred withdrawal liability to a multiemployer pension plan had not become a plan fiduciary by failing to pay the withdrawal liability, and could discharge that liability in bankruptcy.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Trucker Huss APC, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Fiduciary, Bankruptcy discharge, Ninth Circuit
    Authors:
    Robert Frank Schwartz
    Location:
    USA
    Firm:
    Trucker Huss APC
    The absolute priority rule in individual Chapter 11 cases - The Eastern District of Wisconsin offers guidance
    2013-11-04

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the most recent significant amendment to the United States Bankruptcy Code. Many issues have arisen since its enactment. Of particular interest to those practicing in the Chapter 11 arena involves the absolute priority rule in individual Chapter 11 cases. Courts have split over whether an individual Chapter 11 debtor can confirm a plan of reorganization over the objections of unsecured creditors without regard to the absolute priority rule set forth in section 1129 of the Bankruptcy Code (Code).

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Reinhart Boerner Van Deuren SC, Debtor, United States bankruptcy court
    Authors:
    Peter C. Blain
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    That makes two for the FDIC: 11th Circuit Court of Appeals issues another precedential decision interpreting tax sharing agreements in bankruptcy, awards ownership of tax refund to FDIC
    2013-10-16

    The Bottom Line: 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
    Authors:
    Daniel M. Eggermann
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Recent decisions underscore importance of carefully drafted make-whole premium provisions in loan documents
    2013-10-21

    What you need to know:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Choate Hall & Stewart LLP, Debtor, Debt, Refinancing, Second Circuit, United States bankruptcy court
    Authors:
    John F. Ventola , Douglas R. Gooding , Sean M. Monahan , Kevin J. Simard , Peter M. Palladino , Andrew J. Hickey
    Location:
    USA
    Firm:
    Choate Hall & Stewart LLP
    Bank has no obligation to inform borrower of bank’s impending failure
    2013-10-25

    One of the ironic issues for failing banks has been the fact that banks that they have had to continue to deal with their borrowers and depositors in the ordinary course of business even though they are already in the queue for resolution by the FDIC. So for example, loans continue to get renewed and documents executed. What happens if you renew a loan shortly before the bank fails, do you have some sort of defense to enforcement of the loan when the successor bank or the FDIC makes demand on you?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Surety, Debtor, Fraud, Fiduciary, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jerry Blanchard
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    In re Residential Capital, LLC, et al.
    2013-10-01

    In a recent decision [1] arising from the In re Residential Capital LLC, et al.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor
    Authors:
    William Hao
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Supreme Court leaves standing Seventh Circuit’s opinion in favor of Barnes & Thornburg lender client
    2013-10-08

    The Supreme Court of the United States denied a petition for writ of certiorari of the debtor, Castleton Plaza, LP, in Castleton Plaza, LP v. EL-SNPR Notes Holdings, LLC, Case No. 12-1422, meaning the prior opinion from the Seventh Circuit Court of Appeals in In the Matter of Castleton Plaza, LP, 707 F.3d 821 (7th Cir. 2013), remains intact, protecting creditors who are faced with being shortchanged by a reorganization plan proposed by a debtor that attempts to transfer the future ownership of the debtor to an insider without first putting the ownership stake up for auction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Debtor, Interest, Standing (law), United States bankruptcy court, Seventh Circuit
    Authors:
    Alan K. Mills , David M. Powlen , Jonathan Sundheimer
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP

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