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    Millenium Lab Holdings - Ruling on Third Party Releases Highlights Continuing Constitutional Questions Regarding Power of Bankruptcy Courts
    2017-05-16

    In Millenium Lab Holdings, Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional authority to release claims against non-debtor third parties under the plan.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Constitutionality, US Congress, US Code, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Nortel Judge Rejects Noteholders’ Challenge to Indenture Trustee’s Fees
    2017-03-15

    Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware handed down an important ruling last week that turned aside most of an unusual challenge to the fees and expenses of an indenture trustee in the long-running Nortel chapter 11 case. The dispute has been watched closely by financial institutions that serve as trustees on bond issuances. (Kelley Drye & Warren LLP represented a large creditor in the Nortel case but took no part in the issues discussed here).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Trustee, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Delaware Bankruptcy Judge: A Carve-Out for Fees Is Not a Cap
    2017-01-31

    Judge Christopher Sontchi recently issued an important opinion in the Molycorp chapter 11 case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Punt, Pass or Kick? Supreme Court Struggles With Jevic at Oral Argument
    2016-12-09

    The U.S. Supreme Court heard oral arguments this week in the case of Czyzewski v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    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
    Secured Creditors Can Chill a Bit Following Aeropostale Ruling
    2016-09-08

    The ability of a secured creditor to credit bid its debt in connection with a sale of a debtor’s assets received a strong boost in a decision last month in the Chapter 11 case of Aeropostale from U.S. Bankruptcy Judge Sean Lane of the Southern District of New York.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    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
    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Reorganization plan's definition of a term need not coincide with the statutory definition of the same term
    2010-05-03

    IN RE: ALTHEIMER & GRAY (April 15, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Adoption, Liquidation, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    United States Trustee is a "party in interest" under Bankruptcy Code § 1129(d)
    2010-06-03

    IN RE: SOUTH BEACH SECURITIES (May 19, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Security (finance), Interest, Good faith, Frivolous litigation, Internal Revenue Service (USA), Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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