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
    Sixth Circuit sets limits on bankruptcy court jurisdiction
    2012-10-29

    In Waldman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, United States bankruptcy court, Sixth Circuit
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs
    How rights of preferred stockholders are affected by insolvency plan proceedings – Garant
    2010-07-09

    The German Federal Civil Court (BGH) in its decision of 15 April 2010 (IX ZR 188/09) clarified the legal position of holders of preferred stock in insolvency plan proceedings.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Share (finance), Legal personality, Shareholder, Debtor, Dividends, Waiver, Liability (financial accounting), Liquidation, Joint-stock company, Preferred stock
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Lyondell Chemical Company – the impact of tight credit markets on debtor-in-possession financings
    2009-08-26

    In the fourth quarter of 2008, global credit markets were virtually frozen, leading many distressed businesses and their constituents to take measures to avoid bankruptcy filings at almost all costs. Without access to debtor-in-possession (DIP) financing, bankruptcy most often results in liquidation – and with lenders reluctant to provide new money, even in exchange for superpriority and/or priming liens, total collapse became an increasingly common result.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond market, Bankruptcy, Libor, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Debt, Economy, Liquidation, Secured loan, United States bankruptcy court, US District Court for SDNY
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Beggars can’t be choosers: Delaware debtors not allowed to selectively reject parts of an integrated contract
    2015-09-28

    The U.S. District Court for the District of Delaware recently denied the debtors’ attempt to assume a software license agreement while simultaneously rejecting related agreements with the same vendor. In Huron Consulting Svcs., LLC v. Physiotherapy Holdings, Inc. (In re Physiotherapy Holdings, Inc.), Chief Judge Leonard P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, End-user licence agreement
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy’s automatic stay does not shield a debtor who tortiously uses his property
    2012-07-16

    To a business litigator, the bankruptcy debtor’s most effective weapon is often the automatic stay, which is commonly used – or abused, depending on the perspective – to, inter alia, stay all pending litigation against the debtor and keep him in sole control of an asset, despite seeming abuses of that control.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Contempt of court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Third Circuit restricts lenders’ right to credit bid on collateral sold through a plan of reorganization
    2010-04-28

    The Third Circuit Court of Appeals dealt a blow to secured creditors in its recent decision holding that a debtor may prohibit a lender from credit bidding on its collateral in connection with a sale of assets under a plan of reorganization. In the case of In re Philadelphia Newspapers, LLC, No. 09-4266 (3d Cir. Mar. 22, 2010), the court, in a 2-1 decision, determined that a plan that provides secured lenders with the “indubitable equivalent” of their secured interest in an asset is not required to permit credit bidding when that asset is sold.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Collateral (finance), Interest, Federal Reporter, Limited liability company, Debt, Personal property, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Chrysler asset sale approved
    2009-08-26

    On May 31, 2009, approximately 30 days after Chrysler Group LLC and affiliated debtors filed for bankruptcy relief, the United States Bankruptcy Court for the Southern District of New York authorized the sale of substantially all of Chrysler’s assets to “New Chrysler” – an entity formed by Chrysler and Fiat Automobiles SpA and initially majority-owned by Chrysler’s Voluntary Employees’ Beneficiary Association (VEBA) – free and clear of liens, claims and encumbrances under section 363 of the United States Bankruptcy Code (the Fiat Transaction).

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debtor, Fiduciary, Consideration, Due process, Liquidation, Good faith, United Automobile Workers, Chrysler, Second Circuit, United States bankruptcy court
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    What happens in the Bahamas – – stays in the Bahamas
    2015-09-24

    An important decision was issued last week by the Bankruptcy Court for the District of Delaware in favor of Squire Patton Boggs’ client CCA Bahamas, Inc. (“CCA Bahamas”). The decision provides guidance on when U.S. bankruptcy courts should dismiss cases filed by foreign debtors. See In re Northshore Mainland Services, Inc., et al., Case No. 15-11402 (KJC).

    Filed under:
    Bahamas, USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, United States bankruptcy court
    Authors:
    Mark A. Salzberg , Nava Hazan , Barry E. Reiferson
    Location:
    Bahamas, USA
    Firm:
    Squire Patton Boggs
    Credits with respect to joint and several surety in the bankruptcy proceedings
    2011-11-30

    The object of this article is to analyze a controversial issue which is considered in recent times by the Mercantile Courts as a current incident involved in the Bankruptcy Proceedings and more specifically, to analyze the Judgement issued by the Court of First Instance no. 9 and Mercantile Court of Cordoba dated April, 19th 2010, in which the aforementioned incident is involved.  

    This incident is essentially based on establishing the treatment that should be granted to the additional guarantees provided by third parties in bankruptcy proceedings.  

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Surety, Debtor, Joint and several liability
    Authors:
    Paula Casado
    Location:
    Spain
    Strategic Use of Bankruptcy Examiner Requests
    2010-04-28

    Seeking to have an independent examiner investigate a debtor or its management can be a powerful tool available to creditors and other interested parties in a bankruptcy case. Typically, a party might request that an examiner be appointed if the debtor or its management is suspected of fraud or other misconduct. The low cost associated with making the request, together with recent positive outcomes for requesting creditors, may help to increasingly popularize the use of examiner requests by parties seeking leverage in bankruptcy plan negotiations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Shareholder, Debtor, Fraud, Debt, Liquidation, Leveraged buyout, Debtor in possession, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court, Sixth Circuit, US District Court for SDNY, Trustee
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 393
    • Page 394
    • Page 395
    • Page 396
    • Current page 397
    • Page 398
    • Page 399
    • Page 400
    • Page 401
    • …
    • 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