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    Florida district court sends strong message regarding expansive interpretation of fraudulent conveyance law in bankruptcy
    2011-02-18

    In a 113-page decision (click here to read decision) that is sure to be applauded by lenders and bond traders alike, Judge Alan S. Gold of the United States District Court for the Southern District of Florida, in overturning a Bankruptcy Court opinion that has caused lenders much concern, has issued a stern ruling that provides a bulwark against efforts by creditors and trustees in bankruptcy to expand the scope of the fraudulent conveyance provisions under the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Bankruptcy, Surety, Unsecured debt, Debt, Joint venture, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sandra E. Mayerson , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Adminstration expenses in a pre-pack administration: re Johnson Machine Tool Company Limited and another [2010] EWHC 582 (Ch)
    2010-04-09

    Pre-packs continue to occupy centre stage, and administrators might be forgiven for feeling somewhat under the spotlight.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Non-insider lender equitably subordinated for predatory lending
    2009-08-26

    Although courts are generally reluctant to equitably subordinate claims of non-insiders, the United States Bankruptcy Court for the District of Montana recently did just that to the claims of a non-insider lender based on overreaching and self-serving conduct in Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mt. Club, LLC), Case No. 08-61570-11, Adv. No. 09-00014 (Bankr. D. Mont. May 13, 2009).

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Dividends, Debt, Credit risk, Due diligence, Underwriting, Cashflow, Broadcast syndication, Credit Suisse, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Structural Limitations on Bankruptcy Filings—Blocking Tactics on the Block
    2016-06-27

    A recent decision from the Bankruptcy Court for the District of Delaware further puts into doubt so-called bankruptcy blocking tactics. And the opinion from In re Intervention Energy Holdings, LLC, No. 16-11247, 2016 Bankr. LEXIS 2241 (Bankr. D. Del.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Behind Sabine’s Curtain Lies Negotiation
    2016-03-11

    This is the first of several posts on gathering agreements in bankruptcy, covenants running with the land and rejection claims that arise when a debtor finds gathering agreements financially burdensome. As our readers know, we waited with much anticipation for theSabine ruling and wait with equal anticipation for the ruling on similar issues in QuickSilver.  Being pragmatic business lawyers we decided to blog on what parties to gathering agreements should be doing now in light of the non-binding, advisory Sabine ruling.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor
    Authors:
    Michael D. Cuda , Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Competence of the Magistrate of the Mercantile Court Regarding Social Security Debts as Part of Insolvency Proceedings
    2016-01-19

    The Provincial Court of Zaragoza has ruled on an appeal lodged by the General Treasury of Social Security against a Mercantile Court decision approving a liquidation plan that considered the transfer of the insolvent company as a productive unit and exonerated the buyer from social security debts.

    The legal issue to consider was whether the magistrate of the Mercantile Court had the power to declare the buyer of an insolvent company exempt from paying the social security debts acquired prior to said transfer, as it did.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Bankruptcy court leaves parties guessing on cram-down interest rate
    2015-10-13

    Parties continue to skirmish over the sufficiency of the “cram-down” interest rate required to confirm a Chapter 11 plan over a secured lender’s objection. Currently bankruptcy courts will give some weight to the “prime plus” formula set forth in Till v. SCS Credit Corp., 541 U.S. 465 (2004)(plurality opinion).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Equitable mootness in the Third Circuit: dead or alive?
    2015-08-04

    The recent decision of the United States Court of Appeals for the Third Circuit in In re One2One Communications, LLC may radically alter the ability of debtors to escape appeals of confirmed plans for reorganization.  The Third Circuit, which governs the influential Delaware bankruptcy courts, has for almost 20 years embraced the judicially created doctrine of “equitable mootness” as a basis for dismissal of ap

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Third Circuit
    Authors:
    Stephen D. Lerner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Consent, express or implied, allows bankruptcy judges to adjudicate “Stern claims”
    2015-05-27

    In a case that could have upended the bankruptcy and magistrate court systems, the Supreme Court took a pragmatic approach yesterday when it held in Wellness Int’l Network, Ltd. v. Sharif that with “knowing and voluntary consent” of the parties, a bankruptcy court could adjudicate a so-called “Sternclaim,” which would otherwise be outside the scope of its constitutional power.  The Court’s 2011 ruling in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Article III US Constitution, United States bankruptcy court
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Not necessarily lockstep: trustee’s compensation still subject to reasonableness requirement
    2015-04-16

    Compensation to be paid to a bankruptcy estate professional is many times subject to intense dispute. In the case of a bankruptcy trustee, section 326 of the Bankruptcy Code provides for a tiered system of compensation based upon the amount of money distributed by the trustee to parties in interest. However, as demonstrated by the recent decision in In re Virgin Offshore U.S.A., Inc., 2015 Bankr. LEXIS 233 (Bankr. E.D. La. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Kristin E. Richner
    Location:
    USA
    Firm:
    Squire Patton Boggs

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