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    District Court Bars Fraudulent Transfer Claims Against Shareholders in Tribune Fraudulent Transfer Litigation
    2019-04-23

    The U.S. District Court for the Southern District of New York, on April 23, 2019, denied the litigation trustee’s motion for leave to file a sixth amended complaint that would have asserted constructive fraudulent transfer claims against 5,000 Tribune Company (“Tribune”) shareholders. In re Tribune Co. Fraudulent Conveyance Litigation, 2019 WL 1771786 (S.D.N.Y. April 23, 2019). The safe harbor of Bankruptcy Code (“Code”) § 546(e) barred the trustee’s proposed claims, held the court. Id., at * 12.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Deutsche Bank
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Speak Now and Forever Hold Your Release: Gawker Breaks News One Last Time
    2017-01-05

    The chapter 11 cases of Gawker Media, LLC and its debtor affiliates have given the bankruptcy vultures everything they could ever hope for in one case – celebrity, scandal, a cameo by the First Amendmen

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Weil Gotshal & Manges LLP, Deutsche Bank
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Rough Waters Could Be Ahead for Those Seeking Protection of Section 546(e) Safe Harbor
    2016-08-09

    A recent decision by the Bankruptcy Court for the District of Delaware in PAH Litigation Trust v. Water Street Healthcare Partners L.P. (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG) (Bankr. D. Del. June 20, 2016), may limit the types of transactions that are subject to the “safe harbor” protections of section 546(e) of the Bankruptcy Code.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Cooley LLP, Federal preemption, Bankruptcy, Shareholder, Security (finance), Safe harbor (law), Federal Reporter, Limited partnership, Deutsche Bank, Title 11 of the US Code, Second Circuit, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    The Little Airline That Couldn’t
    2016-07-19

    Remember Sabena, the ill-fated Belgian airline that declared bankruptcy in 2001? Well, to quote Ford Madox Ford, this is the saddest story I have ever heard.

    Filed under:
    USA, Aviation, Banking, Insolvency & Restructuring, Trade & Customs, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, Office of Foreign Assets Control (USA), Deutsche Bank, Uniform Commercial Code (USA)
    Authors:
    Robert Clifton Burns
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Hunting for assets: no need to prove exceptional circumstances to obtain an order for disclosure from a non-resident foreign officer of a judgment debtor
    2015-11-30

    In Deutsche Bank AG v Sebastian Holdings Inc and another (2015), the High Court declined to set aside an order under CPR Part 71 that a non-resident foreign officer of a judgment debtor provide information needed to enforce the judgment.  There is no requirement that there be "exceptional circumstances" for such an order to be made. 

    Background

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Shipping & Transport, Hogan Lovells, Deutsche Bank
    Authors:
    Greg Lewis
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Civil Fraud Quarterly Round-Up: Q3 2018
    2018-10-11

    Unlawful Means Conspiracy

    Filed under:
    United Kingdom, England, Wales, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Legal Practice, Litigation, White Collar Crime, Kingsley Napley, Bribery, Barclays, Deutsche Bank, Serious Fraud Office (UK), Deloitte, Insolvency Act 1986 (UK)
    Authors:
    Mary Young
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Trico Marine files for bankruptcy in Delaware
    2010-08-30

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Natural gas, Debt, Subsidiary, Debenture, Parent company, Wells Fargo, Deutsche Bank, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fontainebleau term lenders lack standing to sue revolver lenders
    2010-09-20

    In a May 28, 2010 decision, Judge Alan Gold of the United States District Court for the Southern District of Florida granted a motion to dismiss claims filed against lenders on a revolving loan agreement to the Fontainebleau resort and casino project in Las Vegas. The claims were brought by two term loan lenders for the project, Avenue CLO Fund, which had provided term loan funding, and Aurelius Capital, which had acquired the interests of other term lenders following the project’s bankruptcy.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Breach of contract, Standing (law), Public limited company, Casino, Barclays, JPMorgan Chase, Deutsche Bank, Bank of America, United States bankruptcy court
    Authors:
    Thomas J. McCormack
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Undersecured mortgage holder may receive fees and costs in arrearage cure
    2010-09-20

    On September 15th, the Sixth Circuit resolved a conflict among the district courts within the circuit. It held that a bank holding the undersecured home mortgage of a Chapter 13 debtor who is in arrears at the time of filing, is entitled to receive under the Chapter 13 bankruptcy plan fees and costs in the arrearage cure. Deutsche Bank National Trust Co. v. Tucker.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Mortgage loan, Deutsche Bank, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Sixth Circuit rules in favor of bank and resolves conflict among bankruptcy courts concerning whether the arrearage amount on mortgages includes fees and costs permitted by the contract terms and non-bankruptcy law
    2010-10-19

    Deutsche Bank held an under-secured home mortgage from a Chapter 13 debtor. The debtor was in arrears, but wanted to retain possession and control of her home. Thus, in her Chapter 13 plan, the debtor proposed to cure the arrearage, as required by 11 U.S.C. § 1322(e). The problem, however, was that the parties could not agree on the arrearage amount.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Costs in English law, Debtor, Collateral (finance), Statutory interpretation, Federal Reporter, Mortgage loan, Attorney's fee, US Congress, Deutsche Bank, Westlaw, US Code, United States bankruptcy court, Sixth Circuit
    Authors:
    S. Chad Meredith
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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