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    Default interest greater than 5% questioned in bankruptcy
    2012-11-20

    The US Bankruptcy Court in Massachusetts says default rates must be justified as a reasonable measure of damages at the time of the making of the loan and that a floating default rate that can exceed 5% will not be allowed as part of a creditors claim in the borrower's bankruptcy.    The loan was made in 2006 with a contract rate equal to prime at a time when the prime rate was below 13 percent.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Default (finance)
    Authors:
    Michael J. Viscount, Jr.
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in DHP Holdings bankruptcy files preference actions
    2011-08-14

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Marketing, Subcontractor, US Congress, United States bankruptcy court, US District Court for SDNY, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in NEC Holdings Corp holds non-debtor environmental liabilities to be non-core
    2011-05-05

    Summary

    In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental claims is non-core. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Environment & Climate Change, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Pollution, Bankruptcy, Debtor, Federal Reporter, Tangible property, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Qimonda bankruptcy looks at whether a conversion claim is entitled to administrative priority
    2010-08-15

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Contractual term, Bankruptcy, Debtor, Google, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Money center opinion - The multiple sovereigns in the United States and bankruptcy
    2017-02-28

    On February 28, 2017, Judge Sontchi of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Money Center of America bankruptcy – Bankr. D. Del., Case 14-10603. The Opinion is available here. This Opinion decided two separate, but similar, motions to dismiss filed by 2 entities owned by federally recognized Indian Tribes and sovereign nations (the “Tribes”).

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Casino, Sovereign immunity
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Back Yard Burgers files for bankruptcy in Delaware
    2012-10-23

    On October 17, 2012, Back Yard Burgers, Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States
    2011-08-08

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Interest, Federal Reporter, Personal jurisdiction, Debt, Pro rata, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in In re J. Silver Clothing, Inc., holds that §547(c) "substantially contemporaneous" transfers are not governed by a bright line rule under §547(e)
    2011-05-04

    Summary

    In a 28 page decision signed April 29, 2011, Judge Gross of the Delaware Bankruptcy Court determined that in order for a transfer to be considered “substantially contemporaneous” as used by Bankruptcy Code §547(c), it does not necessarily need to comply with the timing requirements of §547(e). Judge Gross’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Bright-line rule, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Litigation trustee in SemCrude files preference complaints
    2010-07-25

    Earlier this month, Bettina M Whyte, the SemGroup Litigation Trustee (the "Trustee") filed approximately 350 adversary actions against various creditors in the SemCrude bankruptcy. The majority of the adversary actions are preference actions under 11 U.S.C. section 547 of the United States Bankruptcy Code. Some of the adversary actions, however, allege defendants received fraudulent transfers from various SemCrude debtors (the "Debtors").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Liquidation, US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Contract rejection - As interpreted in outer harbor terminal’s bankruptcy
    2017-02-22

    On February 21, 2017, Judge Silverstein of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Outer Harbor Terminal bankruptcy proceeding – Bankr. D. Del., Case 16-10283. The Opinion is available here. This Opinion decided the Debtor’s objection to a claim for breach of contract filed by Kawasaki Kisen Kaisha, Ltd. (“K Line”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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