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    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
    GM and Chrysler submit restructuring plans and request additional government assistance
    2009-02-18

    As required by the terms of the emergency assistance provided by Treasury last December, General Motors Corp.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Accounts receivable, EBITDA, US Federal Government, US Department of Energy, United Automobile Workers, General Motors, European Investment Bank, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP
    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
    House passes bankruptcy cramdown legislation: significant upheaval in mortgage foreclosure rights
    2009-03-06

    For the first time, individuals filing for bankruptcy protection may soon be able to reduce principal and interest on home mortgage obligations and prevent enforcement of certain mortgages even after entry of a foreclosure judgment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jorden Burt LLP, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, Secured loan, Mortgage Bankers Association, Truth in Lending Act 1968 (USA), United States bankruptcy court
    Authors:
    Elizabeth Bohn
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Liquidation of troubled businesses
    2009-03-06

    Liquidations of struggling enterprises can take several forms. While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case. Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common. This article provides a synopsis of some of the various types of liquidations.

    Chapter 11 Liquidations

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Liquidation, Balance sheet, Liquidator (law), Secured loan, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Pennsylvania Supreme Court determines that payments made in the ordinary course of business do not constitute voidable preferences under insurer insolvency statute
    2009-03-04

    On February 23, 2009, the Supreme Court of Pennsylvania issued a decision finding 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 because the payments were not on account of an "antecedent debt" as that term is used in the voidable preference provision of Pennsylvania's Insurance Act.

    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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