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    Club deal: collaboration or collusion?
    2008-06-10

    The current liquidity drought is pushing more businesses toward some form of financial reorganization. As the restructurings become more frequent, two different trends–one in bankruptcy and the other in private equity–will intersect. The result may surprise dealmakers searching the detritus for investment opportunities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Public company, Punitive damages, Bankruptcy, Shareholder, Debtor, Private equity, Federal Reporter, Anti-competitive practices, Investment funds, Collusion, US Department of Justice, US DoJ Antitrust Division, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Court of equity
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit upholds narrow application of equitable subordination doctrine
    2009-01-15

    A recent decision of the Court of Appeals for the Seventh Circuit appears to have further raised the hurdle to equitably subordinate claims. Continuing what appears to be a move toward a narrower interpretation of equitable subordination, the Seventh Circuit held that misconduct alone does not provide sufficient justification to equitably subordinate a claim; injury to the interests of other creditors is required as well.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Punitive damages, Bankruptcy, Shareholder, Debtor, Unsecured debt, Mortgage loan, Foreclosure, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    White & Case
    Seventh Circuit overturns equitable subordination of claim secretly acquired by debtors
    2009-01-19

    The U.S. Court of Appeals for the Seventh Circuit ruled in October that a creditor’s misconduct must result in harm to other creditors to justify the equitable subordination of a claim under Section 510(c) of the Bankruptcy Code.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Punitive damages, Bankruptcy, Shareholder, Debtor, Fraud, Fiduciary, Interest, Federal Reporter, Mortgage loan, Foreclosure, Secured loan, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Recent circuit court equitable subordination decisions emphasize requirement that misconduct result in actual harm to other parties
    2009-01-30

    In recent opinions, the United States Courts of Appeals for the Fifth and Seventh Circuits have revisited the doctrine of equitable subordination and have underscored the requirement that, before a court can equitably subordinate a creditor’s claim, the court must find that other creditors have been harmed by the actions of the creditor. Importantly, both decisions stress that equitable subordination is meant to be remedial and not punitive, and may not be imposed merely because a creditor has engaged in misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Punitive damages, Bankruptcy, Surety, Debtor, Breach of contract, Fiduciary, Board of directors, Debt, Cashflow, Unsecured creditor, Trustee, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Stern v. Marshall – bankruptcy court jurisdiction: cut to the core
    2011-07-11

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Punitive damages, Bankruptcy, Debtor, US Constitution, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Joshua Friedman
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Unwinding the deal when bankruptcy looms
    2007-02-22

    Coping with the Insolvent Business Partner

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Punitive damages, Bankruptcy, Debtor, Injunction, Breach of contract, Joint venture, Liquidation, Due diligence, Default (finance), Leverage (finance), Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Oaks v. Miller (In re Miller)
    2016-12-07

    (Bankr. E.D. Ky. Dec. 6, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Halpin v. Hardy (In re Hardy)
    2016-07-12

    (E.D. Ky. July 8, 2016)

    The district court affirms the bankruptcy court’s decision finding the debt dischargeable. The debtor sold a television to the plaintiffs, claiming it was a “high definition” television.The plaintiffs disputed that characterization and obtained a judgment in state court for the purchase price plus punitive damages. However, the court finds that the plaintiffs failed to meet their burden of proof in showing the requisite elements of § 523(a)(2)(A). Opinion below.

    Judge: Schaaf

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, Bankruptcy, Debtor, Debt, Legal burden of proof
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Seventh Circuit upholds narrow application of equitable subordination doctrine
    2009-01-15

    A recent decision of the Court of Appeals for the Seventh Circuit appears to have further raised the hurdle to equitably subordinate claims. Continuing what appears to be a move toward a narrower interpretation of equitable subordination, the Seventh Circuit held that misconduct alone does not provide sufficient justification to equitably subordinate a claim; injury to the interests of other creditors is required as well.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Punitive damages, Bankruptcy, Shareholder, Debtor, Unsecured debt, Mortgage loan, Foreclosure, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    White & Case LLP

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