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    Gift cards (the gift that may stop giving)
    2008-11-30

    Attention holiday shoppers. Not sure what to buy Aunt Matilda or cousin George? A gift card allows them to buy whatever they like? Maybe. Large retailers such as Sharper Image, Bombay Company and Linens ‘N Things have filed for bankruptcy or gone out of business, leaving behind millions of dollars in unused gift cards. In bankruptcy, money left on a gift card is treated as a debt, which the bankruptcy court can decide if it is to be repaid, and how. If the retailer stays in business, the court may allow it to continue to honor its cards, but even then consumers may not get the full value.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Retail, Unsecured debt, Debt, General counsel, Depository institution, Federal Trade Commission (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    House Subcommittee completes hearings on ramifications of auto industry bankruptcies
    2009-07-23

    Yesterday, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law concluded its series of hearings on the ramifications of auto industry bankruptcies. Testifying before the committee were:

    Panel I:

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General counsel, Administrative law, Warranty, General Motors, US House Committee on the Judiciary, Chrysler, Title 11 of the US Code
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Employee incentive plans - navigating the restrictions of § 503(c)
    2009-10-01

    The Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) purported to eliminate the ability of chapter 11 debtors in possession to pay bonuses to management through Key Employee Retention Plans. However, in recognition of the fact that a real need often exists to incentivize key employees to remain with a reorganizing or liquidating business, bankruptcy courts have approved incentive plans providing for payments to insiders and other employees. Such plans must be carefully crafted to avoid the restrictions on retention bonuses post-BAPCPA.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, General counsel, Liquidation, Business judgement rule, Benchmarking, Severance package, US Senate, Chief executive officer, Chief financial officer, United States bankruptcy court
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Interview with Bridget Marsh, Deputy General Counsel of the LSTA on Meridian Sunrise Village
    2014-09-22

    We previously covered the Meridian Sunrise Village case on the Bankruptcy Blog here.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, General counsel
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Employee incentive plans - navigating the restrictions of § 503(c)
    2009-10-01

    The Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) purported to eliminate the ability of chapter 11 debtors in possession to pay bonuses to management through Key Employee Retention Plans. However, in recognition of the fact that a real need often exists to incentivize key employees to remain with a reorganizing or liquidating business, bankruptcy courts have approved incentive plans providing for payments to insiders and other employees. Such plans must be carefully crafted to avoid the restrictions on retention bonuses post-BAPCPA.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, General counsel, Liquidation, Business judgement rule, Severance package, US Senate, United States bankruptcy court, Chief executive officer, Chief financial officer
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
    2011-01-03

    Our October 2010 DechertOnPoint “FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies” discussed how systemi-cally significant non-bank financial companies (“covered financial compa-nies”) may find themselves in unknown territory if the FDIC is appointed re-ceiver for them.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Security (finance), Board of directors, Personal property, General counsel, Good faith, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Corporation (USA)
    Authors:
    Thomas P. Vartanian , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP
    Caremark liability extended to corporate officers
    2008-05-02

    Do officers of a public corporation have an affirmative obligation to monitor corporate affairs? Yes, according to Judge Walsh in his recently issued memorandum opinion in Miller v. McDonald (In re World Health Alternatives, Inc.).1 Although "Caremark" oversight liability had previously generally only been imposed on directors of public corporations, the Bankruptcy Court for the District of Delaware determined that officers are not immune from such liability as a matter of law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Debtor, Breach of contract, Fraud, Fiduciary, Accounts receivable, Misconduct, Accounting, Misrepresentation, General counsel, Sarbanes-Oxley Act 2002 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    No WARN liability for lender despite exercise of substantial control
    2008-04-24

    The Worker Adjustment and Retraining Notification Act (“WARN”) requires an employer to give 60 days’ advance written notice prior to a plant closing or mass layoff. Frequently, as a company encounters financial distress—a situation that often leads to a plant closing or mass layoff— creditors exercise greater control over the entity in an attempt to recover debts owed to them. When the faltering company fails to provide the requisite WARN notice, terminated employees often assert that WARN liability should attach to such creditors. In Coppola v. Bear, Stearns & Co.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Fraud, Debt, Mortgage loan, General counsel, Liquidation, Line of credit, Bear Stearns, Eighth Circuit, Second Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Subcommittee completes hearings on ramifications of auto industry bankruptcies
    2009-07-23

    Yesterday, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law concluded its series of hearings on the ramifications of auto industry bankruptcies. Testifying before the committee were:

    Panel I:

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General counsel, Administrative law, Warranty, Title 11 of the US Code, General Motors, US House Committee on the Judiciary, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP

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