Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Equitable mootness and arbitration: first impressions in the Ninth Circuit
    2012-04-01

    2012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit. The court of appeals sailed into uncharted bankruptcy waters twice already this year in the same chapter 11 case. On January 24, the court ruled in In re Thorpe Insulation Co., 2012 WL 178998 (9th Cir. Jan. 24, 2012) ("Thorpe I"), that an appeal by certain nonsettling asbestos insurers of an order confirming a chapter 11 plan was not equitably moot because, among other things, the plan had not been "substantially consummated" under the court's novel construction of that statutory term.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit, Tenth Circuit
    Authors:
    Paul D. Leake , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    History matters: historical breaches may undermine assumption of executory contracts
    2011-10-13

    One of the primary fights underlying assumption of an unexpired lease or executory contract has long been over whether any debtor breaches under the agreement are “curable.” Before the 2005 amendments to the Bankruptcy Code, courts were split over whether historic nonmonetary breaches (such as a failure to maintain cash reserves or prescribed hours of operation) undermined a debtor’s ability to assume the lease or contract.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Franchise agreement, Default (finance), Constitutional amendment, Title 11 of the US Code, US Congress, Ninth Circuit, First Circuit, Trustee
    Authors:
    Lance Miller
    Location:
    USA
    Firm:
    Jones Day
    Stern v. Marshall - shaking bankruptcy jurisdiction to its core?
    2011-08-01

    In Stern v. Marshall, 131 S. Ct. 2594 (2011), the estate of Vickie Lynn Marshall, a.k.a. Anna Nicole Smith, lost by a 5-4 margin Round 2 of its Supreme Court bout with the estate of E. Pierce Marshall in a contest over Vickie's rights to a portion of the fortune of her late husband, billionaire J. Howard Marshall II. The dollar figures in dispute, amounting to more than $400 million, and the celebrity status of the original (and now deceased) litigants may grab headlines.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, Bankruptcy, Tortious interference, Defamation, Constitutionality, Jury trial, Article III US Constitution, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Ben Rosenblum , Scott J. Friedman
    Location:
    USA
    Firm:
    Jones Day
    Chapter 11 plan feasibility for nonprofit debtors requires more than successful fundraising track record
    2011-06-01

    The enduring impact of the Great Recession on businesses, individuals, municipalities, and even sovereign nations has figured prominently in world headlines during the last three years. Comparatively absent from the lede, however, has been the plight of charitable and other nonprofit entities that depend in large part on the largesse of donors who themselves have been less able or less willing to provide eleemosynary institutions with badly needed sources of capital in the current economic climate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Jones Day, Bankruptcy, Debtor, Legal burden of proof, Liquidation, Charitable organisation, Disability, Exclusive jurisdiction, US HUD, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Substantive consolidation and nondebtor entities: the fight continues
    2011-06-01

    Although it has been described as an “extraordinary remedy,” the ability of a bankruptcy court to order the substantive consolidation of related debtor-entities in bankruptcy (if circumstances so dictate) is relatively uncontroversial, as an appropriate exercise of a bankruptcy court’s broad (albeit nonstatutory) equitable powers. By contrast, considerable controversy surrounds the far less common practice of ordering consolidation of a debtor in bankruptcy with a nondebtor.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Due process, Liability (financial accounting), Title 11 of the US Code, Second Circuit, Ninth Circuit, United States bankruptcy court, Eleventh Circuit, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    From the top: recent U.S. Supreme Court ruling
    2011-04-01

    The U.S. Supreme Court’s October 2010 Term (which extends from October 2010 to October 2011, although the Court hears argument only until June or July) officially got underway on October 4, three days after Elena Kagan was formally sworn in as the Court’s 112th Justice and one of three female Justices sitting on the Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Federal Reporter, Ex post facto law, Debt, Tax deduction, Dissenting opinion, Majority opinion, Article III US Constitution, Internal Revenue Service (USA), US Congress, Westlaw, SCOTUS, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    New U.S. Supreme Court rulings
    2010-08-11

    When a bankruptcy court calculates the "projected disposable income" in a repayment plan proposed by an above-median-income chapter 13 debtor, the court may "account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation," the U.S. Supreme Court held in Hamilton v. Lanning on June 7. Writing for the 8-1 majority, Justice Samuel A.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Tax exemption, Bankruptcy, Debtor, Interest, Personal property, Dissenting opinion, Majority opinion, Title 11 of the US Code, SCOTUS, Ninth Circuit, United States bankruptcy court, Trustee
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Collateral surcharge denied despite inadequacy of carve-out due to express waiver in DIP financing agreement
    2008-08-01

    As a general rule, absent an express agreement to the contrary, expenses associated with administering the bankruptcy estate, including pledged assets, are not chargeable to a secured creditor’s collateral or claim but must be paid out of the estate’s unencumbered assets. Recognizing, however, that the bankruptcy estate may be called upon to bear significant expense in connection with preserving or disposing of encumbered assets as part of an overall reorganization (or liquidation) strategy, U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Collateral (finance), Waiver, Property tax, Limited liability company, Foreclosure, Condominium, Liquidation, Secured creditor, Ninth Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Actual test and Footstar approach govern DIP’s ability to assume patent and technology license
    2007-12-11

    Lawmakers’ efforts to overhaul the nation’s bankruptcy laws two years ago as part of the sweeping reforms implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA ”) failed to resolve a number of important business bankruptcy issues that have been and continue to be the subject of protracted debate among the bankruptcy and appellate courts.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Jones Day, Bankruptcy, Conflict of laws, Debtor, Consumer protection, Consideration, Consent, US Federal Government, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Post-Travelers decisions continue the debate regarding the allowability of unsecured creditors’ claims for post-petition attorneys’ fees
    2007-10-01

    Recently, in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., the U.S. Supreme Court resolved a conflict among the circuit courts of appeal by overruling the Ninth Circuit’s Fobian rule, which dictated that attorneys’ fees are not recoverable in bankruptcy for litigating issues “peculiar to federal bankruptcy law.” In reaching its decision, the Supreme Court reasoned that the Fobian rule’s limitations on attorneys’ fees find no support in either section 502 of the Bankruptcy Code or elsewhere.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Unsecured debt, Unsecured creditor, Title 11 of the US Code, SCOTUS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 40
    • Page 41
    • Page 42
    • Page 43
    • Current page 44
    • Page 45
    • Page 46
    • Page 47
    • Page 48
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days