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    Credit Bidding Part II: Important Mechanics
    2020-04-22

    In Part I of this three part series we noted the likelihood that credit bidding will be more prevalent in today’s unpredictable economic environment and discussed some of the statutory backdrop. Here, in Part II, we will discuss certain mechanics that are associated with making, and later consummating, a credit bid.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code
    Authors:
    Frederick D. (Rick) Hyman
    Location:
    USA
    Firm:
    Duane Morris LLP
    Prepetition Setoff Not an 'Improvement in Position' Under Bankruptcy Code
    2018-05-24

    In a recent decision out of the U.S. Bankruptcy Court for the Western District of Virginia, a court analyzed the effect of a setoff effectuated between two governmental units in the 90 days prior to the filing of a husband and wife’s bankruptcy case. In Hurt v. U.S. Department of Housing and Urban Development (In re Hurt), 579 B.R. 765 (Bankr. W.D. Va. 2017), the court addressed competing motions for summary judgment filed by the debtors, on the one hand, and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    Recent Ninth Circuit Court of Appeals Decision Renders Entz-White Void: Default Interest Can Be Collected by Secured Creditor in Connection with a Cure Under Chapter 11 Plan
    2016-11-09

    The Ninth Circuit Court of Appeals recently issued a decision in Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.) (16 C.D.O.S. 11723, Nov. 4, 2016), which held that a secured creditor can collect default interest in connection with a cure under a chapter 11 plan, thereby rendering void the long-established rule under Great W. Bank & Tr. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Ninth Circuit
    Authors:
    Meagen E. Leary , Marcus O. Colabianchi
    Location:
    USA
    Firm:
    Duane Morris LLP
    Singapore High Court sets guidelines for remuneration of court-appointed insolvency practitioners
    2015-10-22

    In the latest decision in Kao Chai-Chau Linda v Fong Wai Lyn Carolyn and others [2015] SGHC 260, the Singapore courts have taken another step toward controlling the costs involved in insolvency and restructuring situations. In Kao, an application was made to the Singapore High Court to tax the fees of court-appointed receivers and managers. The application was heard before the learned Justice Steven Chong.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Duane Morris LLP, Singapore High Court
    Authors:
    Tham Wei Chern
    Location:
    Singapore
    Firm:
    Duane Morris LLP
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, SCOTUS, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Walking in empty shoes: Fifth Circuit allows excess carrier’s contractual subrogation claim despite purported assignment of insured’s rights to a third-party claimant
    2012-06-08

    Where an insured has assigned away its rights to recover available insurance, the insured’s “empty shoes” do not necessarily prevent an excess carrier that pays defense costs rightfully owed by primary carriers from pursuing the primary carriers based a contractual subrogation theory.  An excess carrier proceeding on this basis typically “stands in the shoes of the insured,” obtaining only those rights held by the insured.  Nonetheless, the Fifth Circuit Court of Appeals found last week that where an excess carrier picks up the bill for an insured’s defense, it may recover fr

    Filed under:
    USA, California, Texas, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Bankruptcy, Fifth Circuit
    Location:
    USA
    Firm:
    Duane Morris LLP
    Supreme Court Rules Passive Retention of Estate Property Does Not Violate the Automatic Stay
    2021-01-21

    Alerts and Updates

    The Court’s decision provides greater certainty for creditors who passively retain estate property that they obtained pre-petition.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy
    Authors:
    Malcolm Bates , Diane J. Kim
    Location:
    USA
    Firm:
    Duane Morris LLP
    Credit Bidding Part I: An Important Tool for Lenders
    2020-04-21

    For many secured lenders, the concept of credit bidding in bankruptcy is generally understood yet infrequently explored in practice. In today’s extremely uncertain economic environment, third-party alternatives may not present themselves as M&A activity and acquisition financing have slowed significantly with the spread of COVID-19. As a result, credit bidding could gain momentum as lenders look for self-help alternatives to maximize their recoveries.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Frederick D. (Rick) Hyman
    Location:
    USA
    Firm:
    Duane Morris LLP
    Will the Scope of US Trustee’s Policy on Cannabis-Related Bankruptcy Filings be Limited?
    2018-03-13

    The Court of Appeals for the Ninth Circuit revived a chapter 13 debtor’s bankruptcy case holding that the bankruptcy court below made no specific finding that the debtor violated the Controlled Substance Act (“CSA”) to support dismissal of the case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, US Department of Justice, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Massachusetts Bankruptcy Court Rules That Parents Receive Reasonably Equivalent Value in Exchange for Paying Their Child's Tuition
    2016-09-14

    College students across the country have begun returning to campus for the start of the fall semester. This arrival heralds new opportunities, new friends and new classes. It also means new tuition payments. Given the soaring price of college tuition, many students will rely on their parents to assist them with the cost of attendance. This parental support may take many forms, from co-signing or guarantying undergraduate loans to directly funding tuition costs.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Public, Duane Morris LLP, United States bankruptcy court
    Authors:
    Paul D. Moore , Michael R. Lastowski
    Location:
    USA
    Firm:
    Duane Morris LLP

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