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    Energy Future Holdings make-whole ruling extends rationale of important SDNY decisions to Delaware
    2015-03-31

    Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp., et al. (“EFH”), Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did not trigger an obligation by the debtors to pay a make-whole premium.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, US District Court for SDNY
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Heard about Detroit? The first word on treatment of public employee pension benefits in Chapter 9 (and absolutely not the last)
    2013-12-12

    Last week’s ruling by

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Panic in Detroit? Motor City moves closer to possible Chapter 9 filing
    2012-12-13

    Detroit has seen signs of revival in its urban core following the near-death experiences of GM and Chrysler. Unfortunately, its municipal finances remain beaten down by the city’s long and precipitous decline over the past several decades. Labor and legacy costs, incurred when the auto industry thrived and the popul

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Madoff trustee gets call on borderline pitch - judge "skeptical" but does not dismiss claims against Mets' owners
    2012-03-05

    On the surface, Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”), had a very good day. Judge Jed S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Los Angeles Dodgers' Chapter 11 case: no replay of Texas Rangers' drama
    2011-11-09

    A World Series as exciting as any in memory ended two weeks ago. Notwithstanding the end of the season, the Los Angeles Dodgers’ chapter 11 case offered the promise of more baseball-related thrills. Dodger’s owner Frank McCourt and Major League Baseball (“MLB”) Commissioner Bud Selig appeared headed towards an epic courtroom showdown that promised to rival

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Discovery, Motion to compel, Divorce
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Take me to the River (Road): the Seventh Circuit prepares to weigh in on credit bidding
    2011-04-25

    The U.S. Court of Appeals for the Seventh Circuit has taken under advisement the latest case involving the now contentious issue of credit bidding.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Dissenting opinion, Secured creditor, Majority opinion, Secured loan, Title 11 of the US Code, 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
    Bankruptcy court acted within discretion in concluding that trust did not meet the "adequate assurance of future performance" test
    2010-10-08

    IN RE: RESOURCE TECHNOLOGY CORP. (October 1, 2010)

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Natural gas, Board of directors, Legal burden of proof, Electricity, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    U.S. Supreme Court Rules Against Use of Bob Richards Rule to Determine Ownership of Tax Refund Within Consolidated Group: Consolidated Return Filers Should Check Their Tax Sharing Agreements Now
    2020-03-02

    On February 25, 2020, in Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269 (U.S. 2020), the U.S. Supreme Court effectively ruled that the so-called “Bob Richards rule” should not be used to determine which member of a group of corporations filing a consolidated federal income tax return is entitled to a federal income tax refund.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Income tax, Internal Revenue Service (USA), Federal Deposit Insurance Corporation (USA), SCOTUS
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Jevic Could Be the Most Consequential Chapter 11 Decision in Many Years
    2016-10-14

    The U.S. Supreme Court will hear the case of Czyzewski v. Jevic Holding Corp. during the new term that began last week. The questions it presents are relatively simple. First, can a bankruptcy court, in dismissing a case under the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Is GM shielded from ignition switch defect liability? Hearing highlights thorny due process and bankruptcy issues
    2015-03-02

    Judge Robert Gerber will be stepping down at the end of this year, ending a storied judicial career highlighted by his oversight of the 2009 chapter 11 case of General Motors Corporation (“Old GM”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Due process
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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