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    Goody goody: Third Circuit affirms stub rent can be an administrative expense claim
    2010-10-26

    Commercial lessors have long enjoyed certain individualized protections under section 365 of the Bankruptcy Code. The Third Circuit’s recent decision in In re Goody’s Family Clothing, Inc., __ F.3d ___, 2010 WL 2671929 (3d Cir. June 29, 2010), makes it clear that commercial lessors also can take advantage of the more general protections available to creditors to obtain payment for goods and services they provide to a debtor after it files for bankruptcy where the specific protections are not applicable.

    Section 365(d)(3)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Holland & Knight LLP, Federal preemption, Bankruptcy, Costs in English law, Debtor, Landlord, Federal Reporter, Pro rata, US Code, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Barbra R. Parlin
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Seventh Circuit affirms pro rata distribution of receivership assets
    2010-12-06

    On December 1st, the Seventh Circuit affirmed the approval of a receiver's plan to distribute the assets of a failed investment manager, finding that where a receivership trust lacks sufficient assets to fully repay investors and the investors' funds are commingled, a pro rata distribution plan is appropriate, and that the trial court properly rejected the objectors' arguments that their redemption requests made them creditors and not equity holders. SEC v.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Investment management, Limited liability company, Pro rata, US Securities and Exchange Commission, Seventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    A proposed plan’s voting stock allocation causes an incurable change-of-control breach and impermissible reinstatement of secured debt
    2010-12-01

    In re Young Broadcasting, Inc., et al., 430 B.R. 99 (Bankr. S.D.N.Y. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Share (finance), Shareholder, Credit (finance), Debtor, Unsecured debt, Breach of contract, Board of directors, Interest, Debt, Voting, Default (finance), Secured loan, Pro rata, US District Court for the Southern District of New York
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit holds federal receiver not bound by state law priorities for redeeming investors
    2010-12-17

    At a time when billions of dollars of assets are under the supervision of federal receivers and bankruptcy trustees, the Court of Appeals for the Seventh Circuit recently ruled in favor of an equity receiver and held that in proposing her plan of distribution to investors, she was not bound by the requirements of state law when establishing priorities for and making distributions to investors.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Quarles & Brady LLP, Bankruptcy, Fraud, Federal Reporter, Hedge funds, Debt, Misrepresentation, Investment funds, Pro rata, US Securities and Exchange Commission, Trustee, Seventh Circuit
    Authors:
    Faye B. Feinstein , E. King Poor , Christopher Combest
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    FDIC board approves interim final rule on new orderly liquidation authority
    2011-01-18

    The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, approved an interim final rule clarifying how the agency will treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Stinson LLP, Shareholder, Consumer protection, Collateral (finance), Board of directors, Market liquidity, Debt, Liquidation, Subordinated debt, Pro rata, Federal Deposit Insurance Corporation (USA), US Congress, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    FDIC board approves interim final rule on new liquidation authority and clarifies treatment of creditor claims
    2011-01-21

    The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) voted on December 18 to approve an interim final rule clarifying how the agency will treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Shareholder, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Debt, Liquidation, Subsidiary, Pro rata, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    New California debt settlement bill would limit fees to no more than 15% of consumer savings
    2011-03-18

    A new bill introduced in California would prohibit debt settlement providers from charging any fees in excess of 15% of the amount of consumers’ savings as a result of any settlement.

    The Debt Settlement Consumer Act (Senate Bill 708) was introduced in February 2011 by State Senator Ellen Corbett (R-San Mateo), who headed the California Senate Judiciary Committee that stopped a proposed regulation (Assembly Bill 350) last year that had drawn support from the debt settlement industry. The bill is supported by the Center For Responsible Lending and the Consumers Union.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Loeb & Loeb LLP, Consumer protection, Fraud, Witness, Good faith, Subpoena, Annual report, Pro rata, US Senate Committee on the Judiciary, US Code, Title 11 of the US Code
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    Service attempts to help tenancy-in-common investors exchanging like-kind property under section 1031 in workouts
    2011-03-16

    Now we can add Program Manager’s Technical Advice or “PMTA” to the list of administrative projects on tax matters that are open to FOIA and review by the tax practitioner community. One area that needs some help are investors in tenancy-in-common programs. On May 15, 2010, the Service issue PMTA 2010-05 which provides an legal analysis from Chief Counsel’s office directed to IRS program managers in the field.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy, Costs in English law, Leasehold estate, Debt, Attorney's fee, Pro rata, Internal Revenue Service (USA)
    Authors:
    Jerald David August
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Service issues letter ruling on application of Section 382(l)(5) for a consolidated group which filed for bankruptcy protection under Title 11
    2011-04-10

    In PLR 201051019 (12/23/2010), the Service ruled that in computing a consolidated group’s §382 limitation after filing for bankruptcy relief, all of its outstanding liabilities before the ownership change should be taken into account at the adjusted issue price, regardless of whether the obligations were subsequently discharged in whole or in part during the recognition period.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Share (finance), Bankruptcy, Taxable income, Debt, Liability (financial accounting), Holding company, Subsidiary, Preferred stock, Pro rata, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jerald David August
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy Court for the Southern District of New York creates conflict with Third Circuit by holding safe harbor inapplicable to private securities transactions, even absent illegal conduct
    2011-04-27

    In what appears to be a matter of first impression, Bankruptcy Judge Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, has held that a statutory safe harbor against constructive fraudulent conveyance actions under the Bankruptcy Code involving securities transfers does not apply to the private sale of securities, even when there are no allegations of illegal conduct or fraud involved in the underlying transaction.

    Filed under:
    USA, New York, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Security (finance), Fraud, Safe harbor (law), Commodity broker, Secured loan, Pro rata, Small Business Administration (USA), Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Nicholas J. Brannick , Stephen D. Lerner , Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs

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