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    'Loan-to-own' strategy may lead to limitation on credit-bidding
    2014-09-19

    On April 14, in In re Free Lance-Star Publishing, 512 B.R. 798 (Bankr. E.D. Va. 2014), the U.S. Bankruptcy Court for the Eastern District of Virginia considered the objection of Chapter 11 debtors to a secured creditor's right to credit bid at a sale of the debtors' assets pursuant to 11 U.S.C. Section 363.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Personal property, Secured creditor, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Rudolph J. Di Massa, Jr. , James G. Schu, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws
    2019-09-10

    Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning privacy to the extent that such rules are not inconsistent with the Bankruptcy Code. 28 U.S.C. § 959(b).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Nelson Mullins Riley & Scarborough LLP, Debtor, Due diligence, Title 11 of the US Code
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Post-Taggart, Debtors May Face Higher Pleading Standard
    2019-08-28

    This article first appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, Title 11 of the US Code, SCOTUS
    Authors:
    Shane G. Ramsey , John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Eighth Circuit Approves Better Treatment for Creditors Making Backstop Agreements
    2019-08-15

    Add the Eight Circuit to a growing list of courts that have found that a plan of reorganization which proposes better treatment for creditors who have agreed to purchase any leftover securities in an offering (a “backstop agreement”) done pursuant to that plan does not violate the requirement that each claim within a class of creditors receive the same treatment under 11 U.S.C. § 1123(a)(4). In re: Peabody Energy Corp., --- F.3d --- (Docket No. 18-1302) (8th Cir. August 9, 2019).

    The Peabody Plan

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Authors:
    C. Craig Eller
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Third Circuit’s EFH Decision Is Another Blow to Senior Secured Creditors Attempting to Enforce Subordination Agreements
    2019-08-07

    Earlier this year, the United States Bankruptcy Court for the Southern District of New York issued an opinion in BOKF NA v. Wilmington Sav. Fund Soc’y FSB (In re MPM Silicones LLC), Case No. 15-2280, 2019 WL 121003 (S.D.N.Y. Jan. 4, 2019), which had significant ramifications for senior secured creditors. Much has been written about this decision, so a lengthy discussion will not be undertaken here.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, United States bankruptcy court
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Fifth Circuit Establishes Test for Determining Administrative Claim Status for a Drilling Contractor’s Post-Rejection Damages Claims
    2019-08-05

    In a significant opinion for oil and gas industry bankruptcies, the Fifth Circuit in In re Whistler Energy II, LLC., No. 18-30940, 2019 WL 3369099 (5th Cir. July 26, 2019), issued a ruling setting forth the circumstances regarding whether an offshore drilling contractor is entitled to an administrative claim after rejection of its drilling contract.

    Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Applying Jevic (Part 2): How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
    2019-07-31

    Back in December of 2017, the Bankruptcy Protector provided a succinct summary of all cases decided post-Jevic through November 17, 2017. In this update, we discuss the cases decided between November 17, 2017 and May 10, 2019.

    The chart below includes the case name, date, and citation; a brief description of the nature of the case; and a brief description of how the Court applied the Jevic.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Authors:
    John T. Baxter , Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Poor Foresight on an Intercreditor Agreement Waterfall Provision
    2019-07-09

    The United States Court of Appeals for the Third Circuit issued an opinion in Delaware Trust Company v. Morgan Stanley Capital Group, Inc., Wilmington Trust, N.A. (In re Energy Future Holdings Corp.) on June 19, 2019, in which it addressed distributions of assets pursuant to the waterfall provision of an intercreditor agreement in a chapter 11 reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, SCOTUS
    Authors:
    Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Creditors Have Less Time to File Claims under Amendment to Rule 3002
    2017-11-28

    Creditors should take note that the deadline for filing a proof of claim has changed in bankruptcy cases filed under chapter 7, chapter 12 or chapter 13. As of December 1, 2017, a proof of claim ordinarily must be filed not later than 70 days after the bankruptcy case is filed if the case is voluntarily filed under one of these chapters. The change in deadlines is one of many recent changes to the Federal Rules of Bankruptcy Procedure.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Debtor
    Authors:
    Gregory M. Taube
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Attorneys’ Fees Alone — Without Actual Damages or Ongoing Stay Violation — Do Not Warrant Sanctions for Violations of the Automatic Stay
    2016-11-16

    A debtor cannot recover sanctions or attorneys’ fees under 11 U.S.C. § 362(k) when the debtor admits to having suffered no actual damages and the filing of a motion for sanctions was not necessary to remedy a stay violation.[1] Denying the debtor’s motion for sanctions, the U.S.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Law Firm Management, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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