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    8th Circ. Ruling May Provide Relief For Bakken Debtors
    2020-08-21

    This article was originally published in Law360. 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Coronavirus, Eighth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Court orders privacy Ombudsman in bankruptcy case
    2014-08-14

    Crumbs Bake Shop Inc. shut down in July and filed for bankruptcy in New Jersey court that same month. The bankruptcy court ordered an auction sale, and a purchaser has come forward to buy all of the company’s assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Winston & Strawn LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Ambiguous OTS order did not require bank's parent to ensure bank met capital requirements
    2012-09-17

    On September 14, the Sixth Circuit affirmed the trial court's finding that a failed bank's parent did not make a capital maintenance commitment to the bank. After the parent filed for bankruptcy, the FDIC was appointed receiver for the bank. The FDIC then sought payment from the parent under the statute requiring a party seeking reorganization to fulfill commitments to maintain the capital of an insured depository institution.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Capital requirement, Federal Deposit Insurance Corporation (USA), Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    New York Bankruptcy Court and Colorado District Court disagree on the application of Section 552 to a lender’s security interest in proceeds of FCC License
    2011-10-03

    A New York bankruptcy court recently considered the effects of Bankruptcy Code section 552 on a lender’s security interest in the proceeds of an FCC broadcast license and held that a prepetition security interest extended to proceeds received from a post-petition transfer of the debtors’ FCC license. Sprint Nextel Corp. v. U.S. Bank. N.A. (In re Terrestar Networks, Inc.), Case No. 10-15446, Adv. Pro. No. 10-05461 (Bankr. S.D.N.Y. Aug. 18, 2011). This result directly conflicts with Spectrum Scan LLC v. Valley Bank and Trust Co. (In re Tracy Broadcasting Corp.), 438 B.R.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Winston & Strawn LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Title 11 of the US Code, Federal Communications Commission (USA), United States bankruptcy court, US District Court for SDNY, Tenth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    In pari delicto
    2011-04-18

    On April 12th, a federal district court addressed the in pari delicto defense, including the sole actor exception to the adverse interest exception. In the instant case, a litigation trust created in bankruptcy court to pursue the debtor's claims sued Credit Suisse for allegedly assisting the debtor's founders' looting of the debtor's subsidiaries. Credit Suisse sought summary judgment, asserting the in pari delicto defense. The Court agreed, finding that the evidence supported the conclusion that the founders so dominated the subsidiaries that the subsidiaries lacked a separate existence.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Interest, Subsidiary, Credit Suisse, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Undersecured mortgage holder may receive fees and costs in arrearage cure
    2010-09-20

    On September 15th, the Sixth Circuit resolved a conflict among the district courts within the circuit. It held that a bank holding the undersecured home mortgage of a Chapter 13 debtor who is in arrears at the time of filing, is entitled to receive under the Chapter 13 bankruptcy plan fees and costs in the arrearage cure. Deutsche Bank National Trust Co. v. Tucker.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Mortgage loan, Deutsche Bank, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    U.S. bankruptcy courts may offer avoidance relief under foreign law
    2010-03-22

    On March 18th, the Fifth Circuit held that a U.S. bankruptcy court may offer avoidance relief under a foreign country's law in a Chapter 15 bankruptcy proceeding. Plaintiffs had been appointed trustees by a Nevis court in a Nevis winding up petition. Plaintiffs filed a Chapter 15 bankruptcy petition in the U.S. alleging that the debtor had transferred assets to put them out of the reach of the Nevis court. The U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Liquidation, United States bankruptcy court, Fifth Circuit, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Q&A: The Effects of Financial Distress on Fiduciary Duties
    2020-06-25

    During this time of economic upheaval amidst the COVID-19 pandemic, many corporate borrowers are faced with the inability to service debt obligations, and creditors may seek to hold corporate officers and directors accountable as a result. In these uncertain times, it is wise to review the fiduciary duties of corporate directors and officers and the effects of financial distress on such duties.[1] The following Q&A provides guidance on this issue from a Delaware law perspective, as Delaware is the most commonly cited jurisdiction for corporate governance.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Corporate governance, Coronavirus
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Olive oil class action takes aim at owners of bankrupt company
    2014-06-26

    A class of consumers suing the bankrupt Kangadis Food Inc. over its allegedly misleading olive oil purity claims is now suing the owners of the company in a separate class action aimed at holding them accountable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Product Regulation & Liability, Winston & Strawn LLP, Class action
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Judgments against Ponzi scheme net gainers are dischargeable in bankruptcy
    2012-08-27

    On August 20th, the U.S. Court of Appeals for the Tenth Circuit reversed a trial court's ruling finding that judgments against Ponzi scheme "net gainers" were non-dischargeable in bankruptcy. The debtors were early investors in what turned out to be a Ponzi scheme and received more money than they invested. When the Ponzi scheme was uncovered, the state State of Oklahoma sued the debtors for unjust enrichment but not for any securities violations. After the State obtained a judgment on the unjust enrichment claim, the debtors declared bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Tenth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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