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    Blink and you missed it - emergency sale of Digital Domain Media approved
    2012-10-04

    Judge Brendan Shannon of the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Administrative creditor had no claim to assets that were not estate property
    2012-02-08

    IN RE: HOLLY MARINE TOWING, INC. (January 6, 2012)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Privacy vs. bankruptcy: case lesson on when customer data is not for sale
    2011-09-23

    On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising against the sale of Border's customer information absent customer consent or significant restrictions on the transfer and use of the information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Kelley Drye & Warren LLP, Credit card, Bankruptcy, Retail, Consumer protection, Interest, Personally identifiable information, Data, Consent, Liquidation, Consumer privacy, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)
    2011-03-23

    Irving Picard, the trustee overseeing the liquidation of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Second Circuit, United States bankruptcy court, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency
    2010-09-17

    CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. O'NEILL BROS. TRANSFER & STORAGE (August 31, 2010)

    Filed under:
    USA, Arbitration & ADR, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Employee Retirement Income Security Act 1974 (USA), Liability (financial accounting), Liquidation, Default (finance), Promulgation, Pension Benefit Guaranty Corporation
    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

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