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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
    Square Peg / Round Hole - The Supreme Court and the Constitutional Authority of U.S. Bankruptcy Courts
    2018-09-11

    The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the Constitution rather than under Article III.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision
    2016-02-09

    The Supreme Court’s decision last term in Baker Botts v. Asarco, in which the Court ruled that professionals that are paid from a debtor’s bankruptcy estate cannot be compensated for time spent defending their fee applications, continues to rankle bankruptcy practitioners.  Moreover, a recent decision in a Delaware bankruptcy case shows that the impact of Asarco will not be easily circumvented.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Still trying to close the Stern v. Marshall can of worms – the Supreme Court to grapple again with thorny questions of bankruptcy court jurisdiction
    2014-07-31

    Three years ago, in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Detroit emergency manager posits sale of art masterpieces as bankruptcy looms -Van Gogh(ing) once, twice, sold?
    2013-05-30

    Kevyn Orr, the emergency manager appointed by Michigan Governor Rick Snyder to try to resolve the Detroit financial crisis, has effectively replaced the Detroit mayor,

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court declines to hear appeal on Madoff trustee’s net equity formula
    2012-06-28

    The Supreme Court has cleared the way for Irving Picard, the Trustee overseeing the Madoff liquidation proceeding, to distribute billions of dollars to victims of Madoff’s Ponzi scheme.  On Monday, the Court declined to hear appeals in two cases from the Second Circuit challenging Picard’s formula for repaying victims.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Liquidation, SCOTUS
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Post-receivership claims against receiver are barred by collateral estoppel
    2012-01-31

    VIRNICH v. VORWALD (December 20, 2011)

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Collateral (finance), Collateral estoppel
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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