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    Recent significant commercial bankruptcy filings
    2009-02-17

    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.  

    AUTOMOTIVE

    Auto parts maker Contech U.S., LLC, subsidiaries file for Chapter 11 protection in Michigan.  

    Fluid Routing Solutions, Inc., subsidiaries file Chapter 11 in Delaware.  

    GROCERY STORES

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Subsidiary, Title 11 of the US Code
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Duties of directors of distressed corporations under Maryland law
    2009-03-03

    In these uncertain times, boards of directors face many important decisions about a company’s present and future actions, including reduction or suspension of dividends, layoffs, asset sales, unsolicited takeover offers, liquidation and even insolvency proceedings. In making these decisions, directors should remember their overarching responsibility for continuing oversight and informed decision-making.

    Filed under:
    USA, Delaware, Maryland, Company & Commercial, Insolvency & Restructuring, Litigation, Venable LLP, Bankruptcy, Shareholder, Surety, Debtor, Dividends, Board of directors, Debt, Liability (financial accounting), Liquidation, Good faith, Balance sheet, Delaware General Corporation Law, Delaware Court of Chancery, Delaware Supreme Court
    Authors:
    James J. Hanks Jr. , Greg Cross , Christopher W. Pate , Carmen M. Fonda
    Location:
    USA
    Firm:
    Venable LLP
    Recent significant commercial bankruptcy filings
    2009-03-03

    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.  

    AUTOMOTIVE

    Saab files for reorganization in Sweden as General Motors Corp. ends support.  

    BROADCASTING  

    Young Broadcasting, affiliates restructure through Chapter 11; operations to continue.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Limited liability company, Subsidiary, General Motors, Title 11 of the US Code
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    House delays vote on mortgage relief legislation
    2009-02-27

    Yesterday afternoon, the House delayed a vote on H.R. 1106, “Helping Families Save Their Homes Act of 2009” (the “Act”) after a little over an hour of debate, amidst unexpected opposition from some Democrats.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Bankruptcy, Debtor, Fraud, Mortgage loan, Foreclosure, Deposit insurance, US Department of Justice, Federal Deposit Insurance Corporation (USA), Government Accountability Office, US House of Representatives, Congressional Budget Office, Federal Housing Administration, US Secretary of the Treasury, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New bankruptcy cram down and foreclosure prevention legislation introduced
    2009-02-26

    This week, Representative John Conyers introduced the “Helping Families Save Their Homes Act of 2009” (H.R. 1106) (the “Act”), which has been circulated in advance of a vote by the House of Representatives anticipated as early as today. Additional amendments have been offered to the bill, but it is unclear which, if any, will be incorporated into the final text. It is not expected that the Senate will consider its version of the bill until mid-March.

    Filed under:
    USA, Insolvency & Restructuring, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Mortgage loan, Foreclosure, Bond credit rating, Mortgage-backed security, Pro rata, US House of Representatives, US Department of Veterans Affairs, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Recent significant commercial bankruptcy filings
    2009-02-24

    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.  

    ALUMINIUM

    Aleris International U.S. operations file under Chapter 11; DIP financing approved.  

    AUTOMOTIVE  

    Court approves Key Plastics’ joint plan; Michigan company emerges from Chapter 11.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Video game, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Stimulus legislation provides tax relief for certain debt restructurings
    2009-03-13

    One of the most significant tax provisions contained in the recently enacted American Recovery and Reinvestment Act of 2009 (“ARRA”) might prove helpful to certain taxpayers looking to restructure their balance sheets.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Debtor, Tax credit, Debt, Balance sheet, C corporation, Student loan, Bankruptcy discharge, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Lynn E. Fowler
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    US Bankruptcy Code safe harbor protections for physically settled commodity forward contracts
    2009-03-10

    This alert has been prompted by a recent decision of the U.S. Court of Appeals that has a potentially huge impact on the treatment under U.S. bankruptcy law of contracts that entail a physical delivery of commodities. The decision is a positive development for those that had entered into a physically settled transaction with an entity which has subsequently become subject to a U.S. bankruptcy procedure as such transactions may qualify as a "swap agreement" and therefore fall within the "safe harbor" provisions of the U.S.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud, Natural gas, Safe harbor (law), Swap (finance), Commodity, Foreclosure, Conveyancing, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Andrew P. Cross
    Location:
    USA
    Firm:
    Reed Smith LLP
    Recent significant commercial bankruptcy filings
    2009-03-09

    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.  

    AUTOMOTIVE

    Rexhall Industries, Inc. files in the Central District of California.  

    Foamex International Inc. files in the District of Delaware.  

    Country Coach, LLC files in the District of Oregon.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Title 11 of the US Code, US District Court for Central District of California, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Pennsylvania Supreme Court establishes "ordinary course of business" exception in preference actions under state's insurance insolvency statute
    2009-03-09

    When an insurance company becomes insolvent, one key issue is the extent to which the insurer's liquidator may recover prior payments made by the insurer. On February 23, 2009, the Supreme Court of Pennsylvania issued a significant decision limiting such recoveries. The court held that payments made by a failed Pennsylvania insurance company in the ordinary course of business are not recoverable by the statutory liquidator of the insolvent insurer.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Dinsmore & Shohl LLP, Debtor, Debt, Liquidation, Liquidator (law), Insurance commissioner, Pennsylvania Supreme Court
    Authors:
    Stephen G. Schweller
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP

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