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    New Delaware Chapter 11 Filing- Fallbrook Technologies Inc.
    2018-02-26

    Fallbrook Technologies Inc., along with three affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10384).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures
    2018-02-26

    On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees after successfully defending the foreclosure on the basis that the lender lacked standing to enforce the mortgage contract?

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Nicholas S. Agnello
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Insolvent “On Behalf Of” Municipal Bond Issuers: Chapter 9, Chapter 11, or Ineligible?
    2018-02-26

    Last week, President Trump unveiled his proposal to fix our nation’s aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion in federal funding. To bridge this sizable gap, the plan largely relies on public private partnerships (often referred to as P3s) that can use tax-exempt bond financing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Tax, Mintz, Internal Revenue Service (USA), US District Court for Northern District of Illinois
    Authors:
    William W. Kannel , Charles W. Azano
    Location:
    USA
    Firm:
    Mintz
    The Toy-kover: bidders compete for Toys R Us
    2018-02-21

    The deadline for interested purchasers of every child's favourite superstore, Toys R Us, to submit their letters of intent fell last week, with sources indicating that several parties had expressed interest in purchasing the beleaguered retailer. Hilco Capital, the company which saved HMV from Liquidation in 2013, have reportedly submitted a bid and are believed to be amongst the favourites for the troubled retailer.

    Filed under:
    USA, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy
    Location:
    USA
    Firm:
    Ashfords LLP
    Treasury releases Orderly Liquidation Authority report
    2018-02-22

    On February 21, the U.S. Department of the Treasury released a report on the Orderly Liquidation Authority (OLA) and Bankruptcy Reform.

    Filed under:
    USA, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy Remoteness Going to a Court of Appeals
    2018-02-22

    Back in the day--say, the last two decades of the twentieth century--we bankruptcy lawyers took it largely on faith that the right structural and contractual provisions purporting to confer bankruptcy-remoteness[1] were enforceable and likely to be successful in preventing an entity from becoming, voluntarily or involuntarily, a debtor under the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Department of Education releases RFI on undue hardship threshold
    2018-02-22

    On February 21, the Department of Education published a Request for Information (RFI) seeking feedback on whether there is a need to clarify the threshold for “undue hardship” when evaluating bankruptcy cases in which borrowers seek to discharge student loans. According to the RFI, current U.S.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, US Department of Education
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    FDIC Chairman discusses challenges associated with living wills
    2018-02-22

    On February 16, FDIC Chairman, Martin J. Gruenberg, spoke at an event hosted by The Wharton School in Philadelphia about the challenges associated with managing the orderly failure of a systemically important financial institution.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy Straight-Talk for Credit Union Members
    2018-02-23

    Bankruptcy is not a sure-fire remedy for credit union members in severe financial distress. While it can provide an avenue for escaping your promises to repay, it can also have some unintended, disagreeable consequences. I have represented credit unions across four states in US Bankruptcy Courts over the last 40 years. During those decades, I found that too many lawyers who file bankruptcies for credit union members are often not discussing all the consequences with their clients.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Smith Debnam Narron Drake Saintsing & Myers LLP, Credit union
    Authors:
    Franklin Drake
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    More Tenant Bankruptcies Are Coming in 2018, and Landlords Need to Be Prepared
    2018-02-23

    Recent years have seen many prominent retailers filing for bankruptcy, such as The Sports Authority, Toys “R” Us, The Limited, Coldwater Creek, Radio Shack, and Charming Charlie. This wave is expected to continue into 2018, and commercial landlords need to know their rights (and obligations) when their tenants file for relief in bankruptcy. The rules governing leases in bankruptcy are lengthy and complex, but landlords should pay particular attention to the main issues that typically arise in a tenant bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Lewis Rice LLC
    Authors:
    John J. Hall , Larry E. Parres
    Location:
    USA
    Firm:
    Lewis Rice LLC

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