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    Assigned bankruptcy claims included right to collect cure amount
    2011-03-21

    REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, Indian National Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Proof of falsity and materiality are not required at class certification stage
    2010-09-07

    SCHLEICHER v. WENDT (August 20, 2010)

    Conseco was a large financial services company traded on the New York Stock Exchange. It filed for bankruptcy in 2002 and successfully reorganized. This securities-fraud claim was filed against Conseco managers who are alleged to have made false statements prior to the bankruptcy. Then-District Judge Hamilton (S.D. Ind.) certified a class. Defendants appeal.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Private equity, Security (finance), Fraud, Class action, Causality, US Congress, New York Stock Exchange, Fifth Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Punt, Pass or Kick? Supreme Court Struggles With Jevic at Oral Argument
    2016-12-09

    The U.S. Supreme Court heard oral arguments this week in the case of Czyzewski v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Stockton Judge: pension obligations are not impervious to impairment in Chapter 9 bankruptcy. What comes next?
    2014-10-16

    The perception that public employee pension obligations cannot be impaired in bankruptcy suffered a damaging blow several months ago in the City of Detroit bankruptcy case, and has now been fatally wounded by 

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Now it gets interesting - Stockton, CA found eligible to remain in Chapter 9
    2013-04-09

    Nearly nine months after it filed for protection under Chapter 9 of the Bankruptcy Code, a federal bankruptcy judge last week determined that the city of Stockton, California has satisfied the requirements of Section 109(c) of the Bankruptcy Code a

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Public, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    EU General Court decision challenges ING restructuring terms
    2012-03-08

    Various media outlets reported on the March 2, 2012 decision of the General Court of the European Union partially upholding ING Groep NV’s challenge to the restructuring terms resulting from state aid measures imposed by EU regulators after the 2008 financial crisis.  According to Bloomberg

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Trade & Customs, Kelley Drye & Warren LLP, State aid, European Commission, General Court (EU), ING Group
    Location:
    European Union, Netherlands
    Firm:
    Kelley Drye & Warren LLP
    L.L.C. member is an insider for purposes of preferential transfer
    2011-10-12

     IN RE: LONGVIEW ALUMINUM, L.L.C. (September 2, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Indiana late wage penalties are not debts "for services" under NY law
    2011-03-15

    WHITELY v. MORAVEC (February 16, 2011)

    Filed under:
    USA, New York, Employment & Labor, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Wage, Bankruptcy, Shareholder, Employee Retirement Income Security Act 1974 (USA), Debt, Joint and several liability, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court's interpretation of reorganization plan it confirmed receives deferential treatment
    2010-08-17

    IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Standard of review, Estoppel, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Jevic Could Be the Most Consequential Chapter 11 Decision in Many Years
    2016-10-14

    The U.S. Supreme Court will hear the case of Czyzewski v. Jevic Holding Corp. during the new term that began last week. The questions it presents are relatively simple. First, can a bankruptcy court, in dismissing a case under the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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