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    Plan proposing unencumbered asset sale, free and clear of liens, cannot be confirmed under § 1129(b)(2)(a)(iii)
    2011-07-06

    RIVER ROAD HOTEL PARTNERS v. AMALGAMATED BANK (June 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Secured loan, Google, Trustee, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    So this is why judges bother to write dissenting opinions - Seventh Circuit decision on credit bidding vindicates Judge Ambro's Philadelphia Newspapers dissent
    2011-07-26

    Critics of last year’s decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit’s recent unanimous opinion in River Road Hotel Partners LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured loan, US Congress, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Collection of utility charges does not fit within automatic stay exceptions
    2011-07-26

    REEDSBURG UTILITY COMMISSION v. GREDE FOUNDRIES (July 13, 2011)

    Filed under:
    USA, Wisconsin, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Interest, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Dismissal of one defendant is not final when case against another defendant is under bankruptcy stay
    2011-07-22

    Kary Brown collided with a car while he was driving a truck for Koetter Woodworking. Melvin Kimbrell, a passenger in the car, suffered injuries. Kimbrell brought a personal injury action against both Brown and Smith in October of 2008, although he did not serve process until June of 2009. When Brown advised the district court that he had filed a bankruptcy petition in February 2008, the court stayed the proceeding as to him.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Estoppel, Capital punishment
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Paid in Full in Bankruptcy and the Unwary Creditor
    2019-07-19

    We’ve all heard it said a million times - if it sounds too good to be true, it probably is. But does that age-old maxim apply to a bankrupt customer offering to pay you 100% of your unsecured claim through a “prepackaged” bankruptcy or under a critical vendor program? The answer can be complicated.

    This article explores what it means to be “unimpaired” and paid in full in prepackaged bankruptcies and under critical vendor programs and outlines some of the potential pitfalls that can be faced by unsecured creditors under these scenarios.

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Energy Future Holdings Chapter 11 Case - The Largest Game Ever of Texas Hold’em?
    2016-05-31

    The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Tax, Kelley Drye & Warren LLP, Shareholder, Private equity, Taxable income, Real estate investment trust
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Energy Future Holdings – bidding procedures fight highlights conflicts among affiliated debtors
    2014-12-12

    Energy Future Holdings (EFH), f/k/a TXU Corp., an energy company centered in Texas, was taken private in 2007 in the largest leveraged buyout transaction that has ever taken place.  The deal was largely predicated on an anticipated rise in natural gas prices; when prices instead plummeted the company, which had borrowed nearly $40 billion, was left with a massively unbalanced capital structure.  The chapter 11 cases of EFH and its subsid

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Tax, Kelley Drye & Warren LLP, Leveraged buyout
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Auto-hauler allied systems holdings' car wreck of a Chapter 11 case may finally be at an end
    2013-09-18

    Many commentators have remarked that a “new normal” has evolved for Chapter 11 proceedings, wherein the major constituents negotiate the salient terms and exit strategy of the debtor’s restructuring prior to the filing of the bankruptcy petition, generally leading to shorter, less litigious cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit summarily reverses claims trading decision
    2012-09-19

    The Second Circuit Court of Appeals, acting with unusual alacrity (oral argument was heard only one month ago), summarily reversed the district court decision in Longacre Master Fund v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court lacked authority to issue final order in "core" proceeding
    2012-02-07

    IN RE: ORTIZ (December 30, 2011)

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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