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    Insolvency exclusion of Professional Services Liability Coverage and professional services exclusion of Management Liability Insuring Agreement barred coverage for underlying litigation concerning Bernard Madoff’s Ponzi scheme
    2010-11-01

    Associated Community Bancorp, Inc. v. The Travelers Companies, Inc., 2010 U.S. Dist. LEXIS 34799 (D. Conn. Apr. 8, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, McCarter & English LLP, Bankruptcy, Security (finance), Breach of contract, Commodity, Liquidation
    Authors:
    Joseph J. Cherico , Jennifer Black Strutt
    Location:
    USA
    Firm:
    McCarter & English LLP
    Lehman seeks to unwind elevations of European loan participants
    2010-11-08

    In the jargon of the secondary bank loan market, loans beneficially owned by participation may be "elevated" to direct assignments once requisite administrative agent and/or borrower consent is obtained. Such "elevations" customarily have been viewed as straightforward transactions -- when completed, the participant simply stands in the shoes of the grantor and becomes the lender of record of the loan on the books of the administrative agent.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Interest, Debt, Liability (financial accounting), Liquidation, Holding company, Subsidiary, Lehman Brothers, Title 11 of the US Code
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Important initial considerations when a customer or vendor files bankruptcy
    2010-11-08

    The current economic climate has led to an increasing number of bankruptcy filings. This article summarizes some important strategic considerations and initial steps that can be taken upon learning of such a filing by your customer or vendor in order to help minimize risks while maximizing your potential return in the bankruptcy.

    Prompt Action and Verification of Bankruptcy

    Filed under:
    USA, Insolvency & Restructuring, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Debtor, Accounts receivable, Debt, Liquidation, United States bankruptcy court
    Authors:
    L. Kathleen Harrell-Latham , Mark R Geier
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy trustee in Eclipse Aviation files preference actions
    2010-11-30

    In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly "Eclipse Aviation"), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a New Mexico manufacturer of small jet aircraft. The company filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on November 25, 2008.

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Liquidation, Cashflow, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Can second lien lenders be heard in connection with a 363 sale? The answer in Boston Generating is a resounding “yes.”
    2010-11-30

    Years ago, second lien lenders adhered to the truism about children -- they were seen but not heard. As our children have grown more vocal in recent years, so too have second lien lenders. A spate of recent bankruptcy cases demonstrate that second lien lenders have been both seen and heard at many critical junctures in the chapter 11 timeline -- at the sale of the debtor’s assets under section 363 of the Bankruptcy Code,1 in seeking the appointment of an examiner,2 when voting on a chapter 11 plan,3 and in connection with the confirmation hearing.4

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Secured loan, Title 11 of the US Code, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    A skilled examiner can make all the difference
    2010-11-29

    The U.S. Bankruptcy Code provides for the appointment of a bankruptcy examiner to investigate the debtor with respect to allegations of fraud, dishonesty, incompetence, misconduct or mismanagement. The right examiner, with a clearly defined mission, will have a major influence on the bankruptcy process. The difference between a successful financial restructuring or liquidation-resulting in substantial recoveries for the key constituencies-and a time-consuming (and asset-consuming) meltdown, can depend on the approach of the examiner and the examiner's support team.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Fraud, Debt, Liquidation, Leveraged buyout, US Department of Justice, Lehman Brothers, Enron, Trustee, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    H. Jason Gold , Rebecca L. Saitta
    Location:
    USA
    Firm:
    Wiley Rein LLP
    During hearing to consider Ambac’s rehabilitation plan, insurance regulator reveals that liquidation of the bond insurer was considered
    2010-11-23

    As we first covered here, Ambac Financial Group Inc., the parent of the ailing Wisconsin-domiciled bond insurer Ambac Assurance Corp., filed for Chapter 11 bankruptcy relief with United States Bankruptcy Court for the Southern District of New York on November 8, 2010.

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bond (finance), Bankruptcy, Debt, Asset-backed security, Liquidation, Portfolio (finance), Default (finance), Mortgage-backed security, Municipal bond, United States bankruptcy court
    Authors:
    Victoria Anderson , Jeanne Kohler
    Location:
    USA
    Firm:
    Locke Lord LLP
    Consideration of a TRAC clause under the UCC and economic realities required to determine if equipment leases are true leases or disguised financing
    2010-12-01

    Hitchin Post Steak Co v General Electric Capital Corporation (In re HP Distribution, LLP), 436 B.R. 679 (Bankr. D. Kan. 2010)

    CASE SNAPSHOT

    The United States Bankruptcy Court for the District of Kansas considered whether commercial vehicle leases that contained Terminal Rental Adjustment Clauses (or TRAC provisions) were true leases under Section 365 of the Bankruptcy Code or, instead, disguised financing transactions. The court held that the TRAC leases were true leases that must be either assumed or assigned pursuant to the terms of Section 365.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Consideration, Liquidation, Bright-line rule, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Atlantic Mutual and Centennial are in rehabilitation, and the rehabilitation court's stay order has been enforced by another forum as applying to product liability claims against their policyholder
    2010-12-08

    On September 14, 2010, a New York state court entered an Order of Rehabilitation for Atlantic Mutual Insurance Company and Centennial Insurance Company (collectively, "Atlantic") to try to resolve Atlantic's insolvency and return it to the marketplace. The court appointed the New York Superintendent of Insurance as the "Rehabilitator" and directed the Rehabilitator to, among other things, take possession and control of Atlantic's property, conduct Atlantic 's business, and remove the causes and conditions that made this rehabilitation proceeding necessary.

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, McCarter & English LLP, Injunction, Discovery, Ex parte, Liquidation, Comity, New York State Insurance Department, Third Circuit
    Location:
    USA
    Firm:
    McCarter & English LLP

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