Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    State court may not prohibit receivership defendant from filing for bankruptcy
    2007-02-28

    In re Corporateand Leisure Event Productions, Inc.,1 the Bankruptcy Court for the District of Arizona held that a state court lacks the power to enter an order in a receivership proceeding preventing the receivership defendant from filing a petition in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Shareholder, Debtor, Injunction, Fraud, Bright-line rule, Common law, Exclusive jurisdiction, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Unwinding the deal when bankruptcy looms
    2007-02-22

    Coping with the Insolvent Business Partner

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Punitive damages, Bankruptcy, Debtor, Injunction, Breach of contract, Joint venture, Liquidation, Due diligence, Default (finance), Leverage (finance), Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Want to avoid successor liability? Then market aggressively
    2007-02-19

    A company’s failure to meaningfully market its assets led to the dismissal of its attempted chapter 11 reorganization. As a result, a Massachusetts court held in a detailed opinion that an acquiring company was the successor to the company it acquired, and therefore liable for an $8.8 million debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Shareholder, Debtor, Unsecured debt, Marketing, Debt, Bench trial, Secured loan, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Creditor carries burden of proof in claims dispute
    2007-02-19

    In Litton Loan Servicing, LP v. Garvida, No. 04-17846 (9th Cir. BAP July 31, 2006), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for Ninth Circuit addressed two independent but related questions: (1) what procedure is necessary to object to a properly filed proof of claim, and (2) who bears the burden of proof, and the correlative risk of nonpersuasion, with regard to a disputed claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Debt, Mortgage loan, Foreclosure, Legal burden of proof, Refinancing, Prima facie, Accrued interest, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP
    Swap agreements should be netted following rejection
    2007-02-19

    Following the rule that swap agreements should be netted after contract termination, a New York bankruptcy court has held that such agreements also should be netted following rejection in bankruptcy.

    “Although rejection of an agreement does not equal termination,” Bankruptcy Judge Arthur J. Gonzalez acknowledged in In re Enron Corp., 349 B.R. 96 (Bankr. S.D.N.Y. Aug. 2, 2006), “this does not affect the determination of…rejection damages. Termination of swap agreements generally requires that the parties’ positions be netted.”

    “Rejection leads to a similar result,” he stated.

    Filed under:
    USA, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Debtor, Breach of contract, Natural gas, Swap (finance), Enron, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Reed Smith LLP
    Trends in restructuring
    2007-04-10

    The arrival of private equity and hedge funds into the US restructuring and insolvency markets is last year’s news. How these funds are transforming the restructuring markets in the United States and exporting these transformations to Europe is what’s of interest now. Keen on making higher and higher profits in a low interest rate environment, funds are directing vast amounts of their liquidity into purchasing and trading distressed bond debt, bank debt and trade debt in restructurings and in insolvency proceedings in the United States.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, McDermott Will & Emery, Debtor, Unsecured debt, Private equity, Security (finance), Market liquidity, Hedge funds, Debt, Liquidation, Investment funds, Distressed securities, Secured loan, Title 11 of the US Code
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Third Circuit relies on market capitalization to value assets in upholding dismissal of fraudulent transfer suit
    2007-04-09

    A district court judgment dismissing a $500 million fraudulent transfer and breach of fiduciary duty suit against Campbell Soup Co., the former parent of Vlasic Foods International (“VFI” or “the debtor”), was affirmed by the United States Court of Appeals for the Third Circuit, on March 30, 2007. VFB, LLC v. Campbell Soup Co., 2007 WL 942360 (3d Cir. 3/30/07).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Shareholder, Market capitalisation, Debtor, Breach of contract, Fiduciary, Debt, Liability (financial accounting), Subsidiary, Valuation (finance), Leverage (finance), Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Supreme Court affirms creditor's claim for "bankruptcy-related" legal fees
    2007-04-03

    The United States Supreme Court has unanimously held that federal bankruptcy law does not preclude an unsecured creditor from recovering attorney’s fees authorized under a prepetition contract and incurred postpetition in bankruptcy-related litigation with the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Involuntary dismissal, Attorney's fee, Unsecured creditor, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Now You See It, Now You Don’t - The Search for “Unreasonably Small Capital”
    2016-05-10

    In a decision last month in Whyte v. SemGroup Litig. Trust (In re Semcrude L.P.), No. 14-4356, 2016 U.S. App. LEXIS 7690 (3d Cir. Apr. 28, 2016), the United States Court of Appeals for the Third Circuit held that proving that a debtor was left with unreasonably small capital will not turn on either hindsight or a “speculative exercise” based on what might have happened if certain things were known at the time.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Third Circuit
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    An Opportunity for Creditors to Enforce Prospective Waivers of the Automatic Stay
    2016-05-10

    A recent ruling of the Bankruptcy Court for the Central District of California endorsed a path toward enforceability of prospective waivers of the automatic stay in certain circumstances. In short, such a waiver approved in a bankruptcy case may be enforceable in a subsequent bankruptcy case. This offers creditors a tactical opportunity to significantly better their position in such a subsequent case.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Buchalter, Bankruptcy, Debtor, Waiver, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Paul S. Arrow
    Location:
    USA
    Firm:
    Buchalter

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 302
    • Page 303
    • Page 304
    • Page 305
    • Current page 306
    • Page 307
    • Page 308
    • Page 309
    • Page 310
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days