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    Operator of Champps Kitchen and Bar, and Fox and Hound, files for chapter 11 protection in Delaware
    2016-08-15

    The operator of the Fox and Hound, Bailey’s Sports Grille and Champps Kitchen and Bar chains filed for Chapter 11 bankruptcy protection on Wednesday, August 10th, listing debts that significantly exceeded assets.

    Last Call Guarantor LLC and at least eight affiliates (“Debtors”) filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. The filing constitutes the second bankruptcy filing for chain restaurants.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, US District Court for District of Delaware
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    No Turnover of the Make-whole Amount in the EFH Bankruptcy
    2016-08-16

    In a pair of decisions in 2015, the United States Bankruptcy Court of the District of Delaware determined that neither the first lien notes trustee nor the second lien notes trustee of Energy Future Intermediate Holdings Corp. (“EFIH”), a subsidiary of Energy Future Holdings (“EFH”), was entitled to receive a make-whole on the repayment of the corresponding indebtedness resulting from the acceleration of that debt in the EFH bankruptcy case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Collateral (finance), Interest, Debt, Liquidation, Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Joshua Brody , Jennifer R. Sharret
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    A Setoff Question of First Impression
    2016-08-12

    The Bankruptcy Court for the District of Delaware recently faced a question of first impression: whether an allowed postpetition administrative expense claim can be used to set off preference liability. In concluding that it can, the court took a closer look at the nature of a preference claim.

    Facts and Arguments

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fraud, Limited liability company, Tyson Foods, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Moshe Fink
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Not So Safe After All?
    2016-08-09

    CLIENT PUBLICATION FINANCIAL RESTRUCTURING & INSOLVENCY | August 9, 2016 Not So Safe After All?

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    A&O Shearman
    Get to the Back of the Line! Delaware Bankruptcy Court Holds C-Suite Stock Compensation was Equity Security Not General Unsecured Claim
    2016-08-01

    Recently, in GSE Environmental, Inc. v. Sorrentino (In re GSE Environmental, Inc.), on a motion for judgment on the pleadings, the Bankruptcy Court for the District of Delaware held that the Chief Executive Officer’s claim for unpaid compensation payable in stock constituted an equity security rather than a general unsecured claim.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Desperate Times Call for Desperate Measures: Delaware Bankruptcy Court Doesn’t Answer in Syntax-Brillian, Denying Motion to Remove Trustee
    2016-07-26

    The Bankruptcy Code’s priority scheme provides that the shareholders generally cannot receive anything on account of their investment until all secured, priority and unsecured creditors are paid in full.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David J. Cohen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Subjective Intent to Assume Unexpired Lease of Nonresidential Real Property Deemed Insufficient
    2016-07-20

    Pursuant to a provision of the Bankruptcy Code familiar to readers of Weil’s Bankruptcy Blog (see our prior post, To Assume or Not to Assume, that Is the Question: What Act Constitutes “Assumption” Under Section 365(d)(4) of the Bankruptcy Code?), the United States District Court for the District of Delaware recently affirmed a bankruptcy c

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Landlord, Debtor in possession, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Lauren Tauro
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Freedom of Contract in LLC Structure Is Not Absolute Where Parties Seek Bankruptcy Relief
    2016-07-21

    In re Intervention Energy Holdings, LLC, Case No. 16-11247 (D. Del. June 3, 2016), the Bankruptcy Court for the District of Delaware dealt with the issue of whether a Delaware LLC lacked authority to file a Chapter 11 petition under the Bankruptcy Code because the limited liability company agreement of the LLC in question required the consent of all members and one member did not consent to the filing.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, McCarter & English LLP, Bankruptcy, Debtor, Limited liability company, Delaware Supreme Court, United States bankruptcy court
    Authors:
    Philip D. Amoa , Benjamin A. Smyth , Daniel M. Silver , Jameson A.L. Tweedie , Daniel J. Brown
    Location:
    USA
    Firm:
    McCarter & English LLP
    Delaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy
    2016-07-18

    On June 22, 2016, the Bankruptcy Court for the District of Delaware allowed a putative creditor class to file a class proof of claim in the In re Pacific Sunwear of California, Inc., et al., bankruptcy proceedings.[1]  In granting

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Class action, ING Group, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Todd E. Phillips , Kevin C. Maclay , Sally J. Sullivan
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Essar Steel Affiliates File Chapter 11 and Chapter 15 Petitions in Delaware
    2016-07-08

    Certain North American based affiliates of Essar Steel Ltd (Mumbai) have today filed Chapter 11 and Chapter 15 petitions in Delaware. ESML Holdings Inc. and Essar Steel Minnesota LLC have filed Chapter 11 proceedings in Delaware. The following entities filed Chapter 15 petitions in Delaware: Essar Steel Algoma Inc. USA, Essar Steel Algoma Inc., Cannelton Iron Ore Company, Essar Steel Algoma (Alberta) ULC, Essar Tech Algoma Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Shumaker Loop & Kendrick, Limited liability company, Liability (financial accounting), Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick

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