Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    AbitibiBowater commences avoidance actions
    2011-04-10

    Earlier this month, Avidity Partners, LLC ("Avidity"), in its role as claims agent for the bankruptcy estates of AbitibiBowater, Inc, et al ("Debtors"), began filing avoidance actions against various defendants. As alleged in the complaints, on April 16, 2009, Debtors filed petitions for bankruptcy with the United States Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Limited liability partnership, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Frenemies – extending the common interest privilege to the restructuring context
    2011-04-06

    The term “frenemy” – a combination of the words friend and enemy – has emerged from modern vernacular to describe someone who is simultaneously a partner and an adversary. The term is perhaps perfectly emblematic of the restructuring process where various constituents make and break alliances in an effort to steer the restructuring process. In so doing, the lines between friend and enemy are often blurred or altered during the course of the restructuring.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Interest, Discovery, Liability (financial accounting), Delaware Supreme Court, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Judge Carey reminds us: in a bankruptcy, following the proper procedure matters
    2011-04-18

    Summary

    In a 13 page decision signed, April 11, 2011, Judge Carey of the Delaware Bankruptcy Court granted a motion disallowing a creditor’s late-filed bankruptcy claim, and held that if there is no legal requirement that a party respond to an affidavit, a lack of response does not bind a party to that affidavit nor can it be considered an admission by that party. Judge Carey’s opinion is available here.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Reinsurance dispute not core proceeding in bankruptcy action
    2011-04-20

    The Delaware federal district court issued an order directing the district’s bankruptcy court to determine whether an adversary proceeding constituted a “core” proceeding. PRS Insurance Group commenced a chapter 11 bankruptcy proceedings in 2001. Thereafter, the trustee appointed filed suit in Ohio against Westchester Fire Insurance Company and ACE INA Holding for breach of two reinsurance agreements and bad faith refusal to pay claims.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Breach of contract, Reinsurance, Bad faith, Constitution, Trustee, Delaware Supreme Court, United States bankruptcy court
    Authors:
    John Black
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Delaware Chancery Court shifts burden of proof in applying entire fairness standard to recapitalization
    2011-04-25

    The Delaware Chancery Court has found the recapitalization of a media production company entirely fair. Faced with the possibility of bankruptcy and unable to service its debt, the company's board of directors (acting through its special committee) approved a revised recapitalization plan proposed by the company's majority stockholder and primary debt holder. The special committee retained independent legal counsel and a financial advisor. The special committee, after engaging in extensive due diligence, determined to negotiate the recapitalization proposal.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Bankruptcy, Shareholder, Board of directors, Debt, Legal burden of proof, Due diligence, Delaware Court of Chancery, Delaware Supreme Court
    Authors:
    Irwin Kishner , Daniel A. Etna
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Delaware Chancery rejects purported agreement extending court-ordered deadline
    2011-05-06

    The Court of Chancery of Delaware ruled that counsel failed to establish "excusable neglect" when it requested additional time to submit an expert witness report after the deadline for that report—as provided for in the court's previously issued scheduling order—had expired.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Discovery, Westlaw, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman 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 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), Trustee, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DBSI Inc., holds that the "particularity" requirement of F.R.C.P. 12(b)(6) and 9(b) was satisfied, notwithstanding the number of alleged fraudulent transfers
    2011-05-09

    Summary

    In a 10 page decision signed May 5, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss and held that the plaintiff Litigation Trustee satisfied the “particularity” requirements of Federal Rules of Civil Procedure 12(b)(6) and 9(b), despite having his complaint allege that each transfer within a 13 page list of transfers was fraudulent. Judge Walsh’s opinion is available here (the “Opinion”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Consideration, Debt, Liquidation, Conveyancing, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Minor fix to a previous opinion - NEC Holdings Corp.
    2011-05-19

    Judge Walsh released an amended Opinion in the NEC Holdings Corp. case on May 18, 2011. His previous opinion had an incomplete citation of 28 U.S.C. § 157(b)(2). It shows just how serious our judges are about the Bankruptcy Code.

    In an effort to keep followers of this blog fully apprised of every opinion released by the Delaware Bankruptcy Court, I have linked to Judge Walsh’s newly corrected opinion here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Limited liability partnership, Liability (financial accounting), United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 35
    • Page 36
    • Page 37
    • Page 38
    • Current page 39
    • Page 40
    • Page 41
    • Page 42
    • Page 43
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days