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    Preference complaints filed in the Velocity Express bankruptcy
    2011-09-24

    Earlier this month, James Carroll in his capacity as the "Wind Down Professional" for the Velocity Express bankruptcy, began filing preference actions against various defendants.  As alleged in the preference complaints, Carroll was appointed as Velocity's Wind Down Professional under a "Wind Down Order" entered by the Delaware Bankruptcy Court in July of last year.  At the time it filed for bankruptcy, Velocity was a package delivery (aka "logistics") provider whose services included customer bulk shipments, pick-up and delivery services as well as "expedited point to point servi

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Limited partnership, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Semcrude decision delineates the process for analyzing motions for continuance vs. motions for summary judgment
    2011-08-14

    Summary

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Natural gas, Federal Reporter, Discovery, Limited partnership, ConocoPhillips, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    IRS Memo on Bad Boy Guarantees May Recharacterize Non-Recourse Debt as Recourse Liability
    2016-03-17

    On February 5, 2016, the Office of Chief Counsel of the Internal Revenue Service (“IRS”) released a memorandum (a “Memo”) related to the appropriate tax treatment of individuals or entities that invest in real estate limited partnerships and limited liability companies (“LLCs”) with non-recourse financing.1 In essence, the Memo determined that, for the taxpayer in question, (i) the existence of a tradi

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Tax, Ropes & Gray LLP, Limited liability company, Debt, Limited partnership, Liability (financial accounting), Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Walter R. McCabe III , Chrystal Dyer LaRoche
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Substance triumphs over form in American Housing Foundation
    2015-06-08

    Section 510(b) of the Bankruptcy Code permits the subordination of certain claims to all claims or interests senior or equal to the security on which the claim is based. A recent Fifth Circuit opinion delineates the scope of mandatory subordination under Section 510(b).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Limited partnership
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit affirms dismissal of creditors' committee equitable subordination complaint
    2007-08-20

    The U.S. Court of Appeals for the Second Circuit, on July 9, 2007, decisively affirmed a bankruptcy court's dismissal of an equitable subordination complaint filed by a creditors' committee against eight investment fund lenders. Official Committee of Unsecured Creditors of Applied Theory Corporation v. Halifax Fund, L.P., et al. (In re Applied Theory Corporation), ___ F.3d ___, 2007 U.S. App. LEXIS 16180 (2d Cir. July 9, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Unsecured debt, Federal Reporter, Standing (law), Limited partnership, Investment funds, Secured creditor, Unsecured creditor, Secured loan, Trustee, Second Circuit, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Right to vote claim of subordinated creditor is enforced in bankruptcy
    2007-09-21

    While derivations of intercreditor agreements continue to enhance the rights of the senior secured party, whether the many provisions provided for are enforceable in bankruptcy remains a burning question. Recently, the Bankruptcy Court for the Northern District of Georgia in In re Aerosol Packaging, LLC, 2006 WL 4030176 (Bankr. N.D.Ga. 2006) helped bring clarity to one of the most important of these issues: is the right of a senior creditor to vote the claim of a junior creditor on whether to accept or reject a plan of reorganization enforceable in bankruptcy?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Waiver, Limited liability company, Debt, Limited partnership, Voting, Bank of America, United States bankruptcy court, US District Court for Northern District of Georgia
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Dragnet clause is enforceable
    2008-01-31

    The U.S. Court of Appeals for the Seventh Circuit has held that a dragnet clause within a master security agreement was effective, even though a subsequent loan agreement remained silent as to whether pre-existing collateral secured the new advance. Universal Guaranty Life Ins. Co. v. Coughlin, 481 F.3d 458 (7th Cir., March 14, 2007).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Collateral (finance), Accounts receivable, Federal Reporter, Debt, Life insurance, Limited partnership, Line of credit, Secured loan, Seventh Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Representative of foreign debtor may act in US without recognition under chapter 15
    2008-02-08

    Must a foreign debtor's insolvency representative obtain permission from a United States bankruptcy court before exercising the debtor's rights as shareholder to remove and replace directors and officers of a US corporation? The Bankruptcy Appellate Panel (BAP) of the Ninth Circuit recently held not, provided that the representative does not require judicial assistance to exercise these rights.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Shareholder, Debtor, Injunction, Limited partnership, Liquidation, Articles of incorporation, Comity, Title 11 of the US Code, Trustee, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case
    Secured lender’s entitlement to postpetition interest reduced from contract rate
    2008-03-27

    In the January 2008 issue, we reported on In re Solutia, Inc.,1 decided by the United States Bankruptcy Court for the Southern District of New York. The Solutia court demonstrated how contractual entitlements of debt instruments may be altered in bankruptcy. There, the original issue discount of certain secured notes was found to be interest, rather than principal, causing a significant portion of the noteholders’ claims to be disallowed. In In re Urban Communicators PCS, Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Debt, Limited partnership, Default (finance), Secured creditor, Subsidiary, Federal Communications Commission (USA), Communications Act 1934 (USA), Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware bankruptcy court holds that private equity sale benefits from section 546(e) “settlement payment” safe harbor defense to fraudulent transfer action
    2008-10-31

    The United States Bankruptcy Court for the District of Delaware inElway Company, LLP v. Miller (In re Elrod Holdings Corp.), 2008 WL 4414315 (Bankr. D. Del. Sept. 30, 2008) recently held that transfers in payment of a private stock sale to insiders constituted “settlement payments” under section 546(e) of the Bankruptcy Code and were therefore immune from avoidance as constructively fraudulent transfers by the chapter 7 trustee.

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Public company, Private equity, Security (finance), Fraud, Safe harbor (law), Federal Reporter, Privately held company, Limited partnership, Leveraged buyout, Title 11 of the US Code, Trustee, Delaware Supreme Court, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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