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    Third Circuit denies summary judgment in issue of pre-emption
    2016-09-05

    On August 29, 2016, the Third Circuit released a precedential opinion (the “Opinion”) which opined on whether filing an involuntary bankruptcy petition could qualify as tortious interference under state law. The Third Circuit’s Opinion is available here. This Opinion was issued in Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622. The District Court had ruled that the tortious interference claim was preempted by § 303(i) of the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Federal preemption, Bankruptcy, Tortious interference, Ninth Circuit, Third Circuit, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Recharacterization: It’s The Substance Of The Transaction That Matters
    2016-09-06

    When should debt be recharacterized as equity? The answer to this question will have an enormous impact upon expected recovery in bankruptcy since equity does not begin to get paid until all prior classes of claims are paid in full. In a recent unpublished opinion, the Fourth Circuit Court of Appeals provided some guidance on when and in what circumstances recharacterization is appropriate. The Court’s decision also serves as warning to purchasers of debt that they may not be able to hide behind the original debt transaction in a recharacterization fight.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debt
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Chip Bowles Discusses Why ASARCO Decisions Aren’t Just About Legal Fees Anymore with ABI Journal
    2016-09-06

    Partner Chip Bowlescontinued the story of the ASARCO LLC bankruptcy in a new “Toxins-Are-Us” column for The ABI Journal.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Dentons Bingham Greenebaum LLP
    Authors:
    Claude R. Chip Bowles Jr.
    Location:
    USA
    Firm:
    Dentons Bingham Greenebaum LLP
    3rd Cir. Says State Law Claims Not Preempted by Bankruptcy Code’s Involuntary Case Provisions
    2016-09-06

    The U.S. Court of Appeals for the Third Circuit recently held that the Bankruptcy Code does not preempt state law claims brought by non-debtors for damages related to the filing of an involuntary bankruptcy proceeding.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP
    Location:
    USA
    Firm:
    Maurice Wutscher 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
    The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements
    2016-09-08

    Massachusetts bankruptcy courts have invalidated mortgages containing defects, including the failure of lenders to observe strict formalities in the execution of mortgage acknowledgements. See our prior post on this very topic at Lender Beware: The Tragic Consequences of Defective Mortgage Acknowledgements.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Murtha Cullina LLP, Mortgage loan, Massachusetts Supreme Judicial Court
    Authors:
    Thomas S. Vangel , Anthony Leone
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    U.S. Bankruptcy Court Finds Performance Under Maritime Service Contract Excused Where Carrier Discontinues Voyages
    2016-08-31

    The United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) recently recommended that the United States District Court for the Southern District of New York (the “District Court”) grant summary judgment in favor of shippers where the carrier discontinued the services for which the shippers had agreed to minimum quantity commitments (“MQC”) in exchange for reduced freight rates in a shipping service contract.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Montgomery McCracken Walker & Rhoads LLP
    Location:
    USA
    Firm:
    Montgomery McCracken Walker & Rhoads LLP
    The Trend Reverses: College Tuition Payments Shielded from Avoidance in Bankruptcy
    2016-08-31

    Bankruptcy Court Rules in Favor of University in Trustee's Suit to Recover Tuition Payments, Then Certifies Trustee's Appeal to First Circuit

    HIGHLIGHTS:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Holland & Knight LLP, Bankruptcy, First Circuit
    Authors:
    Lynne B. Xerras
    Location:
    USA
    Firm:
    Holland & Knight LLP
    U.S. Bankruptcy Court Relies on International Comity to Invalidate Rule B Attachments
    2016-08-31

    Relying on the principle of international comity embodied in Chapter 15 of the United States Bankruptcy Code, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) recently vacated Rule B attachments previously granted by the United States District Court for the Eastern District of Louisiana (the “Louisiana District Court”) on the vessel M/V DAEBO TRADER (the “Vessel”) in In re DAEBO Int

    Filed under:
    USA, Louisiana, Insolvency & Restructuring, Litigation, Montgomery McCracken Walker & Rhoads LLP, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Montgomery McCracken Walker & Rhoads LLP
    Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?
    2016-08-22

    As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed without leave under 28 U.S.C. § 158(a).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    Bryce A. Suzuki
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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