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    The Supreme Court - June 12, 2014
    2014-06-12

    The Supreme Court of the United States announced decisions in two cases today:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Product Regulation & Liability, Dorsey & Whitney LLP, Coca-Cola
    Authors:
    Steven J. Wells , Timothy J. Droske
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Bankruptcy court dismisses class action DFR complaint involving airline merger
    2014-06-12

    One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan Trippe’s Pan Am.  By the time of the movie, of course, both famous airlines were gone.  Pan Am’s final descent into bankruptcy court ended in 1991.  Following its own troubles (and two bankruptcies in the 1990s), TWA was acquired by American Airlines in 2001.  But does the death of an airline mean an end to litigation?  Of course not.

    Filed under:
    USA, Aviation, Employment & Labor, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Class action, American Airlines
    Authors:
    Gregory V. Mersol
    Location:
    USA
    Firm:
    BakerHostetler
    Supreme Court closes gap on “Stern claims;” declines to clarify jurisdiction for certain bankruptcy litigation claims
    2014-06-12

    On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or "hear" those disputes and then make a recommendation to the district courts for entry of final judgment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Polsinelli PC, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Todd H. Bartels
    Location:
    USA
    Firm:
    Polsinelli PC
    Borrower successfully blocks assignment of loan to distressed debt hedge funds
    2014-06-12

    In Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd., et al., No. 13-5503(W.D. Wash. Mar.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Hedge funds, Distressed securities
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Debtor permitted to assume license agreement but reject other related agreements
    2014-06-12

    In In re Physiotherapy Holdings, Inc., 506 B.R. 619 (Bankr. D. Del. 2014) (No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Pros and cons of the pre-pack bankruptcy
    2014-06-05

    Energy Future Holdings Corp. filed a prepackaged ("pre-pack") chapter 11 in April 2014 seeking a complete restructuring and quick-exit from bankruptcy, aiming to be in and out of bankruptcy in under 11 months. In May 2014, the Bankruptcy Court for the District of Delaware confirmed the prepackaged disclosure statement and reorganization plan of Quiznos, and on May 23, 2014, the Bankruptcy Court for the Southern District of New York approved a $570 million loan in the Momentive Performance Materials prepack bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Fourth Circuit holds that chapter 7 trustees are entitled to commission-based payments in the absence of extraordinary circumstances
    2014-06-06

    Professional compensation is often a contentious issue in bankruptcy, as we have previously discussed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Breaking news: unanimous Supreme Court closes statutory gap, leaves other “core” Stern questions for another day (Executive Benefits Insurance Agency v. Arkison)
    2014-06-09

    This morning, the Supreme Court issued its hotly anticipated decision in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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