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    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
    Ruling interprets Bankruptcy Code provision to allow debtors to evade credit bid rights of secured creditors
    2010-03-24

    On March 22, 2010, a three judge panel of the United States Court of Appeals for the Third Circuit issued a highly anticipated decision in the matter of In re Philadelphia Newspapers LLC, 2010 WL 1006647, (3rd Cir. Case No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Limited liability company, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Peter J. Haley
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Crown priority under section 222(3) of the Excise Tax Act
    2017-10-31

    We have recently profiled conflicting cases (available here and here) dealing with a priority contest between supe

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Bankruptcy, Debtor, Excise, Secured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Success Fees and Super-Priority Charges in CCAA Proceedings
    2017-03-09

    The restructuring of Sanjel Corporation and its affiliates (previously discussed here) continues to provide interesting developments on the application and interpretation of the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Debtor
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Third-Party Releases in CCAA Plans of Compromise and Arrangement
    2017-01-17

    It is well-established that Canadian courts have jurisdiction to approve a plan of compromise or arrangement under the Companies’ Creditors Arrangement Act that includes releases in favour of third-parties. The leading decision on the issue remains Metcalfe & Mansfield Alternative Investments II Corp., which arose in response to the liquidity crisis that threatened the Canadian market in asset-backed commercial paper after the U.S.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Shareholder, Debtor
    Authors:
    Walker W. MacLeod , Andrew Foster
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    When Will a Court Lift a Statutory Stay to Permit A Class Action to Proceed?
    2016-09-12

    Both the Bankruptcy and Insolvency Act (“BIA”)[1] and the Companies’ Creditors Arrangement Act[2] stay actions and remedies as against debtors.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Class action, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The critical supplier remedy and the continued use of inherent jurisdiction
    2016-08-26

    Section 11.4 of the CCAA requires that persons identified as critical suppliers to a debtor company continue to provide goods and services on terms and conditions with the existing supply relationship.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Credit (finance), Debtor, Supply chain, Stakeholder (corporate)
    Authors:
    Walker W. MacLeod , Dextin Zucchi
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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