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    Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement Waterfall
    2016-03-21

    On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy that resolved an intercreditor dispute over $90 million in proceeds to be distributed under the plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Collateral (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Thomas Curtin , Mark C. Ellenberg , Howard R. Hawkins Jr. , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    TCEH bankruptcy: SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor dispute to Delaware Bankruptcy Court, reaffirming broad view of bankruptcy jurisdiction
    2015-08-05

    On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, United States bankruptcy court, US District Court for SDNY
    Authors:
    Thomas Curtin , Mark C. Ellenberg , Ellen Halstead , Howard R. Hawkins Jr. , Ivan Loncar , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Finding that underlying development agreement was terminated, Delaware Bankruptcy Court disallows claim for rejection damages
    2012-08-16

    On July 9, 2012, Judge Mary F. Walrath of the Bankruptcy Court for the District of Delaware disallowed a claim for rejection damages related to a real estate development agreement, because the claim had been released upon the termination of an LLC Agreement, and the underlying ground lease never came into existence.  In re Magna Entm’t Corp., 2012 Bankr. LEXIS 3089 (Bankr. D. Del. July 9, 2012).  

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Limited liability company, Force majeure, United States bankruptcy court
    Authors:
    Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    KB toys: Delaware Bankruptcy Court weighs in on claims trading
    2012-06-11

    On May 4, 2012 Judge Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware held that a claim against a debtor’s estate, transferred to a third party, is subject to the same infirmities as in the hands of the original holder of the claim.  In re KB Toys, Inc., — B.R. —-, 2012 WL 1570755, at *11 (Bankr. D. Del. 2012).  Judge Carey’s opinion diverged from, and criticized, the decision of the U.S. District Court for the Southern District of New York in Enron Corp. v. Springfield Assocs., L.L.C., 379 B.R. 425 (S.D.N.Y.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andrew M. Greenberg , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”
    2012-04-17

    On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code. EPLG I, LLC v. Citibank, National Association et al. (In re Qimonda Richmond, LLC, et al.), No. 09-10589, 2012 Bankr. LEXIS 1264 (Bankr.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bond (finance), Letter of credit, Debtor, Credit rating, Citibank, United States bankruptcy court, Third Circuit
    Authors:
    Mark C. Ellenberg , Peter M. Friedman , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Champion Enterprises bankruptcy court dismisses equitable subordination and fraudulent transfer claims
    2011-06-16

    The United States Bankruptcy Court for the District of Delaware recently dismissed equitable subordination and fraudulent transfer claims filed by the Official Committee of Unsecured Creditors of Champion Enterprises, Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Credit (finance), Unsecured debt, Breach of contract, Consideration, Debt, Involuntary dismissal, Default (finance), Title 11 of the US Code, Credit Suisse, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Kathryn M. Borgeson , Joseph Zujkowski
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware Bankruptcy Court Rules that Unsecured Creditors of a Solvent Debtor Are Entitled to Post-Petition Interest at the Federal Judgment Rate, Not the Default Interest Rate
    2022-01-14

    On December 22, 2021, Judge Mary Walrath of the Bankruptcy Court for the District of Delaware held in In re The Hertz Corp. that redemption premiums may potentially qualify as unmatured interest, and that, to the extent that such redemption premiums are unmatured interest on unsecured debt, then creditors would only be entitled to receive the federal judgment rate, not the contractual rate of interest.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Coronavirus
    Authors:
    Ingrid Bagby , Michele C. Maman , Thomas Curtin , Marc Veilleux
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy Court Recharacterizes Alleged Loan as Equity Under Delaware Law
    2021-04-19

    When is a loan not a loan? The SDNY Bankruptcy Court in In Re: Live Primary, LLC[1] held that a $6 million start-up loan was actually an equity contribution after analyzing the terms of the transaction and the intent of the parties. The court recharacterized the loan as equity given the alleged loan functioned as an equity investment would be expected to function.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Troutman Pepper
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Director Fiduciary Duties: Navigating Insolvency Risk in Newly (COVID-19) Distressed Companies
    2020-04-17

    As COVID-19 related economic disruptions place unprecedented stress on cash flows, the risk of insolvency is a new and growing concern for many businesses. Against the backdrop of a decades-long growth in corporate debt, boards of directors are making decisions that have the potential for pitting the interests of creditors against the interests of equity shareholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Troutman Pepper, Shareholder, Fiduciary, Directors' duties, Coronavirus, Insolvency Act 1986 (UK)
    Location:
    USA
    Firm:
    Troutman Pepper
    Delaware Bankruptcy Court Approves Settlement of Alleged Violation of Massachusetts Telemarketing Laws
    2020-01-06

    On December 17, the United States Bankruptcy Court for the District of Delaware approved a settlement between Starion Energy Inc. and the Commonwealth of Massachusetts in which Starion agreed to pay up to $10 million to resolve claims that it engaged in deceptive business practices and violated state telemarketing laws.

    Starion is a retail provider of electricity and natural gas that offers service to residential and commercial customers in states where energy deregulation permits customers to choose their supplier.

    Filed under:
    USA, Delaware, Massachusetts, Insolvency & Restructuring, Litigation, Telecoms, Troutman Pepper, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper

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