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    In re Tousa, Inc.: implications for solvency opinion providers
    2009-11-03

    The bankruptcy court's opinion exemplifies the second guessing that can confront solvency opinion providers and highlights issues that providers should carefully vet with experienced legal counsel.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Liquidation, Balance sheet, Contingent fee, Subsidiary, United States bankruptcy court, US District Court for Southern District of Florida
    Authors:
    Jeffrey Rothschild
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Insolvency exclusion applies to claim arising out of insolvency of a third party
    2009-11-18

    The United States District Court for the Central District of California, applying California law, has granted summary judgment in favor of an insurer because a lawsuit against the insured actuarial services firm was a claim "arising out of the insolvency" of the insured's client and therefore was barred by the policy's insolvency exclusion. Zurich Global Corp. U.K. v. Bickerstaff, Whatley, Ryan & Burkhalter, Inc., 2009 WL 2827969 (C.D. Cal. Aug. 26, 2009).

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Legal personality, Audit, Medical malpractice, Negligence, Liquidation, Causation (law), Causality, Actuary, Bank reserves, US District Court for Central District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Unsecured creditors may claim post-petition attorneys’ fees
    2009-11-24

    In a decision that will be of great interest to the creditor community, the US Court of Appeals for the Second Circuit held, on November 5, 2009, that the Bankruptcy Code does not bar an unsecured claim for post-petition attorneys’ fees that was authorized under a valid prepetition contract. The case, Ogle v. Fidelity & Deposit Company of Maryland,1 extends and clarifies the US Supreme Court’s March 2007 decision in the Travelers case,2 which opened the door for such a ruling.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Unsecured debt, Interest, Liquidation, Unsecured creditor, Title 11 of the US Code, Supreme Court of the United States, Second Circuit, Ninth Circuit, United States bankruptcy court
    Authors:
    Brian Trust , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    The Metavante ruling - in a case of first impression, US bankruptcy court limits ISDA counterparty rights upon a bankruptcy event of default
    2009-12-03

    For participants in the over-the-counter ("OTC") derivatives markets, perhaps the most significant recent US legal decision interpreting counterparty rights upon a bankruptcy event of default was the September 15, 2009 bench ruling in the US Lehman Brothers chapter 11 bankruptcy cases, In re Lehman Brothers Holdings, Inc., Case No. 08-13555 et seq. (JMP)(jointly administered) ("Bankruptcy Case").

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Swap (finance), Foreclosure, Concession (contract), Liquidation, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Second Circuit permits unsecured claim for post-petition attorneys’ fees authorized under a valid pre-petition contract
    2009-12-09

    In a recent holding that a creditor may collect, on an unsecured basis, post-petition attorneys’ fees under an otherwise enforceable pre-petition contract, the Second Circuit Court of Appeals followed a similar ruling by the Ninth Circuit earlier this year, adding to a conflict among the circuits on this issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Interest, Liquidation, Unsecured creditor, Title 11 of the US Code, Eighth Circuit, Supreme Court of the United States, Second Circuit, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    CFTC proposes new rules regarding operation of commodity brokers in bankruptcy
    2009-12-18

    The Commodity Futures Trading Commission is proposing to amend its Bankruptcy Rules to permit the trustee for a bankrupt futures commission merchant to continue to operate the business of the commodity broker in the ordinary course for a limited period of time.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Commodity, Commodity broker, Consideration, Liquidation, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Only a matter of time: a look at the December 1, 2009 changes to the time periods governing bankruptcy cases
    2009-12-17

    On December 1, 2009, numerous changes to the time periods applicable in bankruptcy cases took effect. These changes, which will impact creditors and debtors alike, are relatively straightforward but must be carefully reviewed and thoroughly understood. Time plays a critical role in the administration of bankruptcy cases, affecting the degree of notice a party is required to give before certain actions can be taken or approved by the bankruptcy court as well as deadlines for filing various documents, asserting various rights and satisfying certain statutory obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Commodity broker, Liquidation, Consumer privacy, US Code, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Trustee, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Regulators place Magnolia Insurance Company under administrative supervision
    2010-01-04

    The Florida Office of Insurance Regulation has placed Magnolia Insurance Company under administrative supervision, finding that the company was in an unsound condition. Under terms of a December 14, 2009 consent order, the company will not be able to issue or renew any policies without permission from the regulator. Magnolia’s President, H. James Irl, has resigned and is prohibited from exercising any managerial control. The consent order also required the company to notify policyholders and agents that if they choose to obtain coverage from Magnolia, they do so at their own risk.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Foley & Lardner LLP, Consent decree, Liquidation, Casualty insurance, Insurance commissioner
    Authors:
    Michael P. Harrell , Robert H. Hosay , Jonathan P. Kilman , Thomas J. Maida
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Potential benefit to unsecured creditors from the Worker, Homeownership, and Business Assistance Act of 2009
    2009-12-28

    There is something for everyone in the suitably named Worker, Homeownership, and Business Assistance Act of 2009–including potential recoveries for unsecured creditors of a debtor reorganizing or liquidating pursuant to the United States Bankruptcy Code.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Tax, Lowenstein Sandler LLP, Debtor, Unsecured debt, Interest, Taxable income, Debt, Liquidation, Tax return (USA), Troubled Asset Relief Program, Internal Revenue Service (USA), Title 11 of the US Code
    Authors:
    John L. Berger , Sharon L. Levine , Cassandra M. Porter
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP

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