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    Shipping companies’ Chapter 11 reorganization proceedings: jurisdictional battles
    2011-10-24

    In recent months, U.S. bankruptcy filings – such as Omega Navigation (filed July 8 in Houston) and Marco Polo Seatrade (filed July 29 in New York) – have caught the attention of the worldwide shipping community. It is no surprise that some shipping companies have sought bankruptcy protection resulting from financial distress. Rather, the cause for surprise is that non-U.S. shipping companies have sought protection in U.S. bankruptcy courts. High-profile secured creditors in these cases have contested the exercise of the jurisdiction of U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Bankruptcy, Debtor, Foreclosure, Liquidation, Bad faith, Prejudice, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michael J. Frevola
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Collector’s sanctions motion backfires in Florida Federal Court
    2015-12-07

    The U.S. District Court for the Middle District of Florida recently denied a debt collector’s motion for sanctions based on the plaintiff’s filing of allegedly frivolous consumer protection claims, which the plaintiff consumer voluntarily dismissed with prejudice after demand from the debt collector’s counsel, where the debt collector failed to show the claims met the Eleventh Circuit’s two-prong test for frivolity.

    Filed under:
    USA, Florida, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Consumer protection, Collection agency, Frivolous litigation, Prejudice, US District Court for Middle District of Florida
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bankruptcy Court denies approval of Adelphia policy buyback settlement
    2007-04-16

    The United States Bankruptcy Court for the Southern District of New York has denied approval of a settlement between Adelphia and its D&O insurers pursuant to which the insurers would have bought back their interests in the relevant policies issued to Adelphia for $32.5 million "with claims of others to policy proceeds...attaching to the proceeds of the sale."

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Injunction, Warranty, Prejudice, Second Circuit, United States bankruptcy court, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    When must a debtor pay prepetition vendor claims for goods received by a debtor within 20 days of the petition date under new Bankruptcy Code Section 503(b)(9)?
    2007-04-13

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “BAPCPA”) created an additional category of administrative expenses

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Consumer protection, Debt, Liability (financial accounting), Default (finance), Prejudice, Memorandum opinion, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    White & Case
    Untimely objection waives Fifth Amendment objection in coverage dispute
    2008-03-11

    The United States Bankruptcy Court for the Western District of Pennsylvania has ruled that a defendant in a declaratory judgment coverage action waived all of his discovery objections, including objections based upon the Fifth Amendment, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008). Wiley Rein LLP represented the insurer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Waiver, Federal Reporter, Discovery, Indictment, Prejudice, Fifth Amendment, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court orders adverse inference instruction after defendants fail to preserve evidence
    2008-05-12

    Centimark Corp. v. Pegnato & Pegnato Roof Mngt, Inc., Case No. 05-708 (W.D. Pa. May 6, 2008)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Shareholder, Breach of contract, Board of directors, Federal Reporter, Discovery, Testimony, Withholding tax, Negligence, Prejudice, Spoliation of evidence, Third Circuit
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Bankruptcy court dismisses fraud claims against Alphastar’s former shareholders, directors and officers
    2008-06-18

    AlphaStar Insurance Group Ltd. ("AlphaStar") (f/k/a Stirling Cooke Brown Holdings Ltd) was a group of companies which provided, among other services, reinsurance brokerage and intermediary services through companies in London, Bermuda and the United States. The companies collapsed and eventually declared bankruptcy, largely as a result of their involvement in the personal accident reinsurance market. Richard E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Jorden Burt LLP, Bankruptcy, Shareholder, Fraud, Fiduciary, Reinsurance, Initial public offerings, Prejudice, Brokerage firm, Goldman Sachs, Trustee, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Second Circuit affirms dismissal of insureds' constructive trust counterclaim over reinsurance bankruptcy settlement proceeds
    2009-01-13

    The “Ades” and “Berg” groups of investors (the “Ades Berg Group”), were parties who joined in the bankruptcy proceedings of the Bennett Funding Group, Inc. and related companies (the “Bennett Group”), based on claims that, among other things, the Bennett Group had defrauded them in an investment scheme. The Bennett Group was insured under a reinsurance contract issued by Sphere Drake Insurance PLC (“Sphere Drake”). A settlement was reached in the course of the bankruptcy proceedings between some groups of investors and Sphere Drake.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Debtor, Fraud, Reinsurance, Prejudice, Constructive trust, Trustee, Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Urban Communicators ruling overturned: secured lenders entitled to presumption of post-petition interest at contract rates
    2009-01-30

    In the March 2008 issue, we discussed a decision from the In re Urban Communicators PCS, Ltd. Partnership1 case. In that decision, the United States Bankruptcy Court for the Southern District of New York held that under section 506(b) of the Bankruptcy Code, the Bankruptcy Court could limit the rate of postpetition interest to be paid to an over-secured creditor to an amount less than the contract interest rate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Unsecured debt, Interest, Consideration, Debt, Default (finance), Secured creditor, Prejudice, Compound interest, Federal Communications Commission (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Open to interpretation: BAPCPA and 20-day claims
    2009-07-08

    vWe are on pace to see a record number of business bankruptcies in 2009, with a notable amount of activity in the retail, manufacturing and automotive sectors. In light of the impact of today's bankruptcies on vendors of goods, it is worthwhile to revisit one of the protections afforded to trade creditors under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).

    Filed under:
    USA, Insolvency & Restructuring, Stinson LLP, Bankruptcy, Retail, Debtor, Consumer protection, Unsecured debt, Prejudice, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Stinson LLP

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