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    Weathering the storm: buyer beware, Fifth Circuit rules purchasers of reorganized debtors liable for undervalued claim
    2010-11-15

    In an October 19, 2010 opinion arising out of the Scotia Pacific bankruptcy cases, the Fifth Circuit ruled that reorganized Scotia and its affiliate Pacific Lumber Company were obliged – nearly 2½ years after Scotia’s reorganization plan was consummated – to pay Scotia’s former secured lenders approximately $30 million on account of a mistake made by the bankruptcy judge in calculating the amount owed to the secured lenders for the use of their collateral during the bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Debtor, Collateral (finance), Market liquidity, Secured loan, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Ability to gift new equity to old equity through plan disapproved in the Second Circuit and ulterior motives in purchasing debt could lead to designation of vote
    2011-02-14

    On February 8, 2011, the Second Circuit Court of Appeals issued an opinion that will have a major impact on Chapter 11 plan confirmation. In consolidated appeals stemming from theIn re DBSD North America, Inc. bankruptcy case, the Second Circuit held that (1) the “gifting” aspect of the debtors’ plan of reorganization violated the absolute priority rule, and (2) the bankruptcy court did not err in designating a secured creditor’s vote as lacking “good faith” and disregarding that vote for purposes of confirmation.

    The DBSD Plan

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Share (finance), Bankruptcy, Shareholder, Debtor, Interest, Debt, Secured creditor, Warrant (finance), Dish Network, US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Weathering the storm: good news for lenders – district court reverses TOUSA fraudulent transfer opinion
    2011-02-15

    In a welcome bit of good news for lenders, US District Court Judge Gold (Southern District of Florida) reversed the portion of the 2009 bankruptcy court decision in the TOUSA, Inc. bankruptcy cases that had ordered the disgorgement of $403 million plus interest based on the holding that the amounts were received by certain lenders to the TOUSA parent in connection with a pre-petition transaction that constituted a fraudulent transfer.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Bankruptcy, Credit (finance), Collateral (finance), Interest, Joint venture, Subsidiary, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Weathering the storm: district court imposes additional duties on creditors seeking to reclaim goods sold to a debtor during the 45-day period preceding the bankruptcy case
    2011-04-11

    Vendors who sell goods to customers are probably familiar with the issues that arise when the customer later files bankruptcy.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    The Supreme Court holds unconstitutional a key provision of the Bankruptcy Code
    2011-07-05

    On June 23, 2011, the Supreme Court handed down a 5-4 decision in the Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Defamation, Constitutionality, Dissenting opinion, Bench trial, Jury trial, Majority opinion, US Federal Government, US Congress, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Robin E. Phelan , Scott Everett , Stephen Manz , John D. Penn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    A “crumby” decision confuses trademark law for rejected licenses in Chapter 11 cases
    2015-01-08

    A recent decision by a New Jersey bankruptcy court scrambles the law regarding rejected trademark licenses.1 Crumbs was a multi-location bakery that also licensed its trademarks and trade secrets to third parties. In July of 2014 Crumbs filed a Chapter 11 reorganization case and in August of 2014 the court entered an order selling substantially all of the assets of Crumbs to LFAC2 free and clear of liens, claims, encumbrances, and interests.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Haynes and Boone LLP
    Authors:
    Robin E. Phelan , David L. Staab
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Common provisions in a Chapter 11 plan prevent lender from collecting from the owner of the debtor
    2015-01-05

    In a case that should cause lenders heartburn, the United States District Court for the Western District of North Carolina recently ruled that common provisions in a Chapter 11 plan prevented the debtor’s lender from executing on a judgment against the non-debtor owner of the debtor.1 Biltmore is a corporation2 that operates manufactured home parks and sells and rents manufactured homes. McGee is the president and controlling shareholder of Biltmore. Biltmore filed Chapter 11 in January of 2011, and TD Bank was Biltmore’s largest secured creditor.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Shareholder, Debtor, Title 11 of the US Code
    Authors:
    Robin E. Phelan , Ian T. Peck
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Weathering the storm: Momentive Performance court rejects market-based cramdown interest rate, casts doubt on make-whole claims
    2014-09-24

    On August 26, 2014, Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York issued a bench ruling in In re MPM Silicones, LLC, Case No. 14-22503 (RDD), on several aspects of the plan of reorganization filed by debtor Momentive Performance Materials, Inc., a specialty chemicals manufacturing company, and its affiliated debtors.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Debtor
    Authors:
    Trevor Hoffmann , Robin E. Phelan , John D. Beck
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Weathering the storm: Eleventh Circuit vacates four-year-old 363 sale order based on bad faith filing of an involuntary bankruptcy case
    2014-09-16

    On August 15, 2014, the Eleventh Circuit entered a Memorandum Opinion in the Wortley v. Chrispus Venture Capital, LLC case (In re Global Energies, LLC, “Global”)1 unwinding a section 363 sale order entered in 2010 by the Bankruptcy Court for the Southern District of Florida based on a finding of bad faith in the filing of an involuntary bankruptcy case in 2010.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Bad faith, Eleventh Circuit
    Authors:
    Lenard Parkins , Karl D. Burrer
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Weathering the storm: is TMT Procurement the death knell for debtor in possession financing in the Fifth Circuit or just a pebble in the ocean?
    2014-09-10

    On September 3, 2014, the United States Court of Appeals for the Fifth Circuit entered an opinion vacating various orders of the United States Bankruptcy Court and District Court for the Southern District of Texas (the “Bankruptcy Court” and the “District Court”) in the bankruptcy cases of TMT Procurement Corporation and its affiliated debtors (the “Debtors”), including a final order approving the Debtors’ post-petition debtor in possession financing (the “DIP Order”) with Macqua

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Debtor in possession, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    Judith Elkin
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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