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    New bankruptcy law benefits trade creditors
    2007-07-26

    More than a year and a half has passed since the Bankruptcy Code was significantly revised pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) which became effective (with some exceptions) on October 17, 2005. While the full impact of BAPCPA will not be fully realized for years to come, it is already apparent that trade creditors stand to benefit significantly as a result of these amendments.

    Expanded Administrative Expense and Reclamation Rights

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Contractual term, Bankruptcy, Debtor, Consumer protection, Debt, Debtor in possession, Uniform Commercial Code (USA), US District Court for SDNY, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Landlords Beware: Lease Terminations May Be Voidable In Bankruptcy
    2016-03-24

    The Seventh Circuit Court of Appeals recently handed down a decision with significant implications for landlords contemplating lease termination agreements with distressed tenants. Ruling on a direct appeal in the chapter 11 case In re Great Lakes Quick Lube LP, the court held that a lease termination agreement between a landlord and a financially distressed tenant can be voided as either a fraudulent conveyance or a preferential transfer in the tenant’s subsequent bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Landlord, Leasehold estate
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Transactions can be outside the "ordinary course" and require SOFA disclosure without being fraudulent
    2011-04-19

    STAMAT v. NEARY (March 24, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Debt, Legal burden of proof, Bench trial, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Landlords Beware: Seventh Circuit Rules That Lease Terminations May Be Voidable In Bankruptcy
    2016-03-22

    The Seventh Circuit Court of Appeals recently handed down a decision with significant implications for landlords contemplating lease termination agreements with distressed tenants. Ruling on a direct appeal in the chapter 11 case In re Great Lakes Quick Lube LP, the court held that a lease termination agreement between a landlord and a financially distressed tenant can be voided as either a fraudulent conveyance or a preferential transfer in the tenant’s subsequent bankruptcy case. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Landlord, Leasehold estate, Seventh Circuit
    Authors:
    Eric R. Wilson , Robert L. LeHane , Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Assigned bankruptcy claims included right to collect cure amount
    2011-03-21

    REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, Indian National Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court decides to maintain the viability of the U.S. bankruptcy courts, but a key question remains unresolved
    2015-05-28

    Four years ago, in Stern v. Marshall, the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled. Stern significantly reduced the authority of bankruptcy courts, and bankruptcy judges and practitioners both have since been grappling with the ramifications of that decision.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor, Article III US Constitution, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The dog that didn't bark - Second Circuit's opinion in DBSD North America disallows gifting, but is silent on cramdown of secured creditor
    2011-03-02

    As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Bad faith, Secured creditor, Unsecured creditor, Secured loan, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Judge slams bankruptcy trustee’s suit to recover parochial school tuition payments
    2014-01-14

    A parochial elementary school and high school were recently sued in the U.S. Bankruptcy Court for the Eastern District of New York by Robert Geltzer, a bankruptcy trustee.  The suits, Geltzer v. Our Lady of Mt. Carmel-St. Benedicta School and Geltzer v. Xavarian High School, were brought in an effort to recover tuition payments made by a student’s parents who had later filed for bankruptcy. (Kelley Drye & Warren LLP represented Our Lady of Mt. Carmel-St.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Commercial relationship did not create a § 523(a)(4) fiduciary
    2011-02-16

    FOLLETT HIGHER EDUCATION GROUP v. BERMAN (January 21, 2011)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Shareholder, Debtor, Fiduciary, Advertising, Board of directors, Debt, Brokerage firm, Bankruptcy discharge, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    "I'll sit this one out" - Fifth Circuit permits secured creditor to disregard Chapter 11 case
    2013-08-28

    A few weeks ago in In re S. White Transportation, the U.S. Court of Appeals for the Fifth Circuit permitted a secured creditor that had indisputably received notice of the debtor’s chapter 11 case, but took no steps to protect its interests until after the confirmation of the debtor’s plan, to continue to assert a lien against the debtor’s property post-confirmation. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Statutory interpretation, Secured creditor, Fifth Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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