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    Comity outweighed by significant differences in law in chapter 15 case
    2013-06-12

    Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. de C.V., 701 F.3d 1031 (5th Cir. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Comity, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit rules rejection of executory trademark license does not terminate the license, creates a split of authority
    2013-06-12

    Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, 686 F.3d 372 (7th Cir. 2012)

    CASE SNAPSHOT

    In a matter of first impression in the Seventh Circuit, the court held that a chapter 7 trustee’s rejection of an executory contract did not terminate the trademark license contained therein.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Reed Smith LLP, Bankruptcy, Seventh Circuit
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Venue created by subsidiary incorporation ‘bootstraps’ venue selection
    2013-06-12

    In re Patriot Coal Corporation, et al., 492 B.R. 718 (2012)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Coal, Subsidiary, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    A longer statute of limitations period for pursuing fraudulent transfer actions may exist
    2013-06-12

    544(b) of the Bankruptcy Code empowers a bankruptcy trustee to avoid any transfer of an interest of the debtor in property that is voidable under "applicable law" by an unsecured creditor. Under the plain language of section 544(b), before a trustee can maintain an avoidance action, the trustee must demonstrate the existence of a qualified creditor, i.e., one who: (i) has a right to avoid the transfers; and (ii) holds an "allowable" unsecured claim. Importantly, the scope of "applicable law" is undefined.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Statute of limitations, Standing (law), Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Reed Smith LLP
    Following Castleton Plaza, competitive bidding required where insider asserts ‘new value’ exception to absolute priority rule
    2013-06-12

    In re GAC Storage Lansing, LLC, No. 11-40944 (Bankr. N.D. Ill., Feb. 27, 2013)

    CASE SNAPSHOT

    The court denied confirmation of the debtor’s plan, finding that: (i) the debtor failed to demonstrate that it would be able to obtain financing to pay off the balloon payment; (ii) the proposed transfer of new equity to an individual with indirect ownership interest violated the absolute priority rule; and (iii) the plan’s injunction barring actions by the secured creditor against the guarantors was overly broad.

    FACTUAL BACKGROUND

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Limited liability company, Maturity (finance), EBITDA, Debtor in possession
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale
    2013-06-12

    In re Zota Petroleums, LLC, 482 B.R. 154 (Bankr. E.D. Va. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Defrauded initial lien holder maintains priority over subsequent innocent lenders
    2013-06-12

    In re RAG East, LP– Case no. 12-04545-CMB (Bankr. W.D. Pa. March 4, 2013)

    CASE SNAPSHOT

    The court granted summary judgment in favor of a defrauded lender in a lien priority dispute with subsequent third-party lenders. The court determined that the lien of a purchase money mortgage that was allegedly released pursuant to a fraudulent satisfaction piece nonetheless had priority over the liens held by innocent third parties who provided loans to the debtor without notice of the fraud.

    FACTUAL BACKGROUND

    Filed under:
    USA, Pennsylvania, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Fraud, Mortgage loan
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Trustee fails to carry burden, court affirms pre-petition transfers to cover check-kiting losses not avoidable preference
    2013-06-12

    The Unsecured Creditors Comm. v. Community Bank(In re Stinson Petroleum Co., Inc.), Case No. 12-60234 (5th Cir., Jan. 7, 2013)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Legal burden of proof, Liquidation, Trustee, Fifth Circuit
    Authors:
    Jared S. Roach
    Location:
    USA
    Firm:
    Reed Smith LLP
    Asset purchaser is subject to successor liability for FLSA judgment, despite specific disclaimer of liability
    2013-06-12

    Teed v. Thomas & Betts Power Solutions, LLC, (7th Cir., No. 12-2440, Mar. 26, 2013)

    CASE SNAPSHOT

    Filed under:
    USA, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Fair Labor Standards Act 1938 (USA), Seventh Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bank loses possessory lien following turnover of funds to trustee – should have sought adequate protection
    2013-06-12

    In re WEB2B Payment Solutions, Inc., 2013 WL 1188041 (8th Cir. BAP, Mar. 26, 2013)

    CASE SNAPSHOT

    The bank, which held a possessory lien in the deposit account of the debtor, lost its lien when it turned over the funds in the account to the trustee upon his turnover demand, because the bank failed to seek adequate protection prior to turning over the funds.

    FACTUAL BACKGROUND

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Collateral (finance)
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP

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