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    US Supreme Court Issues Two Significant Cases on Puerto Rico’s Sovereignty
    2016-06-27

    In the first decision, on June 9, 2016, the United States Supreme Court affirmed the judgment of the Supreme Court of Puerto Rico that Puerto Rico and the United States are not separate sovereigns for purposes of the Double Jeopardy Clause contained in the Fifth Amendment of the U.S. Constitution in the appeal styled under the caption Commonwealth of Puerto Rico v. Sanchez Valle, No. 15-108. Opinion.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Fifth Amendment, Supreme Court of the United States, First Circuit
    Authors:
    Lorraine S. McGowen
    Location:
    Puerto Rico, USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Buyer Beware: a Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of the Sale Hearing
    2016-08-16

    The Second Circuit’s recent opinion in The Matter of: Motors Liquidation Company, 2016 WL 3766237 (2nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Federal Reporter, Due process, Remand (court procedure), Prejudice, Fifth Amendment, General Motors, Due Process Clause, Eighth Circuit, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Third Circuit permits reopening of reorganization case to enforce debtor’s purchase option in real estate lease
    2013-08-19

    The U.S. Court of Appeals for the Third Circuit held on July 30, 2013, that a reorganized Chapter 11 debtor could reopen its closed case, enabling the debtor assignee to enforce a purchase option in a real property lease despite the lease’s “anti-assignment provisions.” In re Lazy Days’ RV Center Inc., 2013 WL 3886735, *5 (3d Cir. July 30, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Fifth Amendment, United States bankruptcy court, Third Circuit
    Authors:
    Michael L. Cook , Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    MF Global hearings
    2012-04-02

    On March 28th, the House Oversight and Investigations Subcommittee held hearings on MF Global, whose October 2011 collapse has raised questions concerning the protection of customer money. In her prepared remarks MF Global's general counsel Laurie Ferber described the days and hours preceding the firm's bankruptcy filing, including the two wire transfers that some have seen as evidence that the firm improperly used customer money, and about which JP Morgan (the ultimate recipient of the funds), had questions.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Winston & Strawn LLP, Fifth Amendment
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Untimely objection waives Fifth Amendment objection in coverage dispute
    2008-03-11

    The United States Bankruptcy Court for the Western District of Pennsylvania has ruled that a defendant in a declaratory judgment coverage action waived all of his discovery objections, including objections based upon the Fifth Amendment, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008). Wiley Rein LLP represented the insurer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Waiver, Federal Reporter, Discovery, Indictment, Prejudice, Fifth Amendment, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Reinsured’s constitutional takings claim against United States dismissed for failure to allege loss of actual “property”
    2008-11-13

    We previously posted on March 17, 2008 about a bankruptcy judgment in favor of a reinsured, Acceptance Insurance Companies, Inc. (“Acceptance”), which sought to be excused from the payment of $9 million in premium owed to its reinsurer for the remaining term of a five year contract because it had ceased writing the underlying crop insurance which was the subject of the reinsurance contract.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Statutory interpretation, Reinsurance, Eminent domain, Fifth Amendment, US Department of Agriculture, Eighth Circuit
    Location:
    USA
    Firm:
    Jorden Burt LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Untimely objection waives Fifth Amendment objection in coverage dispute
    2008-03-11

    The United States Bankruptcy Court for the Western District of Pennsylvania has ruled that a defendant in a declaratory judgment coverage action waived all of his discovery objections, including objections based upon the Fifth Amendment, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008). Wiley Rein LLP represented the insurer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Waiver, Federal Reporter, Discovery, Indictment, Prejudice, Fifth Amendment, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Third Circuit permits reopening of reorganization case to enforce debtor’s purchase option in real estate lease
    2013-08-19

    The U.S. Court of Appeals for the Third Circuit held on July 30, 2013, that a reorganized Chapter 11 debtor could reopen its closed case, enabling the debtor assignee to enforce a purchase option in a real property lease despite the lease’s “anti-assignment provisions.” In re Lazy Days’ RV Center Inc., 2013 WL 3886735, *5 (3d Cir. July 30, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Fifth Amendment, United States bankruptcy court, Third Circuit
    Authors:
    Michael L. Cook , Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
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