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    Radioshack - Bankruptcy round two
    2017-03-09

    Serving as an illustration of the principal that a financial restructuring won’t save a business that has ceased to be frequented by customers, RadioShack has filed for bankruptcy for the second time in as many years. The prior case was filed in the Bankruptcy Court for the District of Delaware as case no. 15-10197. This case is also in the Bankruptcy Court for the District of Delaware, and is case no. 17-10506.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Sprint Corporation, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    American Apparel files second bankruptcy in just over a year
    2016-11-15

    Made-in-the-USA retailer American Apparel, LLC and its affiliated entities (“Debtors”) filed for Chapter 11 bankruptcy protection on Monday, Nov. 14th for the second time in just over a year, colloquially known as the “Chapter 22”. The filing comes just about a year after the fashion retailer previously filed for bankruptcy, when the company exited court protection in early 2016 but quickly encountered trouble again.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    SDNY rules that distribution of liquidated swap agreement collateral is protected by the safe harbor in Bankruptcy Code Section 560
    2016-09-05

    In the recent decision of Lehman Bros. Special Fin. Inc. v. Bank of Am. Nat’l Assoc. (In re Lehman Bros. Holdings Inc.), 2016 WL 3621180 (Bankr. S.D.N.Y. June 28, 2016), the U.S.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Collateral (finance), Safe harbor (law), Liquidation, Collateralized debt obligation, Lehman Brothers, United States bankruptcy court, US District Court for SDNY, Trustee
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    50 Cent bankruptcy success story
    2016-07-07

    The results are in!

    As I mentioned in my May 25th blog post, Curtis James Jackson III, better known as rapper 50 Cent (“Jackson”) was scheduled for his bankruptcy confirmation hearing yesterday (July 6th).

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Authors:
    Heather L. Ries
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Blackhawk bankruptcy - Opinion granting summary judgment
    2016-05-31

    In a brief, 4-page decision released May 26, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion for summary judgment, barring state court litigation in California on the grounds of res judicata. Judge Gross’ opinion is available here (the “Opinion”).

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Sanctions? In Delaware Bankruptcy Court? Yes
    2016-04-25

    – But they weren’t as oppressive as my subject line may imply.

    In a 13 page decision, released April 22, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion to dismiss an adversary proceeding and sanctioned the Plaintiff – disallowing any further litigation against the defendants in the Bankruptcy Court. Judge Gross’ opinion is available here (the “Opinion”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    First Place Bank Holding Co. files for bankruptcy in Delaware
    2012-10-29

    Introduction

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Holding company, Office of the Comptroller of the Currency, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Tri-valley corporation files for bankruptcy in Delaware
    2012-08-11

    Earlier this month, Tri-Valley Corporation and various affiliates (collectively "Tri-Valley" or "Debtors") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  This post will look briefly at Tri-Valley's business, why the company filed for bankruptcy as well as Tri-Valley's objectives while in bankruptcy.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Natural gas, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy remote financings in jeopardy after Michigan appellate court decision
    2012-04-19

    The proliferation of limited recourse financings popularized in the commercial mortgage backed securities (CMBS) loan market through the financial innovation of loan securitization may be in jeopardy following the decision of the Michigan Court of Appeals in Wells Fargo, N.A. vs. Cherryland Mall Limited Partnership.1   If the Michigan decision is widely followed, an array of unanticipated consequences may arise that could have profound effects on the debt capital markets generally and on single purpose entity (SPE) borrowers in particular.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Surety, Debtor, Collateral (finance), Default (finance), Commercial mortgage-backed security, Mortgage-backed security
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Washington Mutual's plan of reorganization has been confirmed
    2012-02-17

    At approximately 10:15 this morning, Judge Walrath of the Delaware Bankruptcy Court made an oral ruling confirming Washington Mutual's chapter 11 plan of reorganization.

    Over the last three and one-half years, hundreds of attorneys and other professionals have worked thousands of hours in an effort to help WAMU obtain a measure of relief from its debts so that it could emerge from bankruptcy protection with the ability to continue to operate.  What has emerged from the process is a smaller, leaner company with a greatly reduced debt load.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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