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    In re Jepson
    2016-03-23

    (7th Cir. Mar. 22, 2016)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    You Can Lead a Horse to Water, But You Can’t Call it an Airplane: Supreme Court Oral Arguments Suggest Puerto Rico’s Recovery Act May Recover
    2016-03-23

    A few thoughts on Tuesday’s oral arguments before the U.S. Supreme Court in the litigation over whether Puerto Rico’s Public Corporations Debt Enforcement and Recovery Act, an insolvency statute for certain of its government instrumentalities, is void, as the lower federal courts held, under Section 903 of the U.S. Bankruptcy Code:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA), Supreme Court of the United States
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Oil and Gas Alert: Bankruptcy Court Issues Opinion Allowing the Rejection of Certain Midstream Agreements
    2016-03-23

    On March 8, 2016, a New York Bankruptcy Court issued a bench decision in the Sabine Oil & Gas Corporation Chapter 11 case. The Court’s decision concerning a producer’s request to reject certain portions of its midstream agreements has sent shockwaves through the oil and gas industry. Although the decision is far more limited in scope than is being reported by many commentators and professionals, its impact may be far reaching.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Vorys Sater Seymour and Pease LLP, United States bankruptcy court
    Authors:
    Robert A. Bell, Jr. , Gregory D. Russell , Michael J. Settineri
    Location:
    USA
    Firm:
    Vorys Sater Seymour and Pease LLP
    Enough With the Fees-on-Fees Already: ASARCO Really Means What It Says
    2016-03-18

    We previously posted here and here and here about chapter 11 l

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP
    Location:
    USA
    Firm:
    Bracewell LLP
    Executory Contracts Rejected In Chapter 11 Bankruptcy; How Does This Impact Midstream Providers?
    2016-03-18

    A recent bankruptcy court decision could have wide-reaching implications for pipeline operators. Judge Shelley C.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Holland & Hart LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Steven T. Small
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect
    2016-03-18

    In Providence Hall Associates Limited Partnership v. Wells Fargo Bank, N.A., the Fourth Circuit denied plaintiff’s attempt to receive a second bite at the apple, finding that plaintiff’s lawsuit was appropriately dismissed by the district court on res judicata grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Res judicata and issue estoppel, Wells Fargo, United States bankruptcy court, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Irvin v. Faller (In re Faller)
    2016-03-18

    Irvin v. Faller (In re Faller)

    (Bankr. W.D. Ky. Mar. 17, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Abuse of process, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement Waterfall
    2016-03-21

    On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy that resolved an intercreditor dispute over $90 million in proceeds to be distributed under the plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Collateral (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Thomas Curtin , Mark C. Ellenberg , Ivan Loncar , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Knauer v. Kitchens (In re Eastern Livestock Co., LLC)
    2016-03-21

    (Bankr. S.D. Ind. Mar. 18, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Statute of limitations, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Estate of Stanley Cora v. Jahrling (In re Jahrling)
    2016-03-21

    (7th Cir. Mar. 18, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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