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    Supreme Court gives examinership a much-needed boost
    2009-12-15

    Last week the Supreme Court overturned Mr Justice McGovern's recent decision in the Linen Supply of Ireland examinership that the current legislation does not permit the repudiation of leases in an examinership. The case has now been remitted back to the High Court to consider whether, in the specific case before it, the leases ought to be repudiated in order for a scheme of arrangement to be formulated.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, A&L Goodbody, Retail, Landlord, Leasehold estate, Remand (court procedure), Leverage (finance), Constitutional amendment, Supreme Court of the United States
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Scottish Court of Session reverses Lord Glennie's controversial judgment in the Scottish Lion case
    2010-02-01

    Scottish Lion appealed against a judgment delivered by Lord Glennie in which the petition for the proposed scheme of arrangement was dismissed (see our previous blog entries http://www.insurereinsure.com/BlogHome.aspx?entry=1910 and http://www.insurereinsure.com/BlogHome.aspx?entry=1985).

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Locke Lord LLP, Shareholder, Threatened species, Remand (court procedure), Involuntary dismissal, Precondition, Companies Act 2006 (UK), Court of Session
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    Buyer Beware: a Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of the Sale Hearing
    2016-08-16

    The Second Circuit’s recent opinion in The Matter of: Motors Liquidation Company, 2016 WL 3766237 (2nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Federal Reporter, Due process, Remand (court procedure), Prejudice, Fifth Amendment, General Motors, Due Process Clause, Eighth Circuit, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Supreme Court Reverses Fifth Circuit's Interpretation of "Actual Fraud"
    2016-07-05

    HIGHLIGHTS:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Holland & Knight LLP, Bankruptcy, Shareholder, Debtor, Fraud, Debt, Misrepresentation, Remand (court procedure), Corporate bond, US Congress, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit, California courts of appeal, US District Court for Southern District of Texas
    Authors:
    Richard E. Lear
    Location:
    USA
    Firm:
    Holland & Knight LLP
    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Ninth Circuit holds that a security interest must be returned to the bankruptcy estate when the security interest's value is not readily ascertainable
    2010-04-27

    What should be the remedy when a bankruptcy court holds that a security interest is avoidable as a preferential transfer, but the value of the security interest is not readily ascertainable? The Ninth Circuit recently addressed this issue in USAA Federal Savings Bank v. Thacker (In re: Taylors), 2010 U.S. App. LEXIS 5793 (9th Cir. 2010). The Court held that, since the value of the security interest was not readily ascertainable, the only available remedy is for the bankruptcy court to return the security interest itself, not its value, to the bankruptcy estate.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Remand (court procedure), US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Southern District of New York confirms FINRA arbitration award
    2010-05-17

    Following an initial FINRA arbitration award holding Steven Singer liable to Hartford Financial Holdings for compensatory damages, Mr. Singer filed Chapter 7 bankruptcy. After a complicated procedural history, the Bankruptcy Court granted relief from the automatic stay and allowed Hartford to proceed with this action in US District Court for the Southern District of New York.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jorden Burt LLP, Interest, Arbitration award, Remand (court procedure), FINRA, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    John Black
    Location:
    USA
    Firm:
    Jorden Burt LLP
    A “claim” by any other name: the Third Circuit overrules Frenville
    2010-06-08

    On June 2, 2010, the Third Circuit overruled longstanding precedent interpreting the definition of a “claim” under the Bankruptcy Code. In JELD-WEN, Inc. v. Van Brunt (In re Grossman’s Inc.), No. 09-1563, slip op., (3d Cir. June 2, 2010) an en banc panel rejected the state law accrual theory of claims recognition established in Avellino & Bienes v. M. Frenville Co. (Matter of M. Frenville Co.), 744 F.2d 332 (3d Cir. 1984), in favor of the more widely followed conduct test theory.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Unsecured debt, Federal Reporter, Due process, Liquidation, Remand (court procedure), Bankruptcy discharge, Federal Communications Commission (USA), US House of Representatives, US Code, Supreme Court of the United States, United States bankruptcy court, Third Circuit, Fourth Circuit
    Authors:
    Andrew Mackintosh
    Location:
    USA
    Firm:
    White & Case
    Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded
    2010-07-28

    SMITH v. SIPI, LLC (July 27, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit moots appeal of 363 sale in WestPoint Stevens
    2010-08-13

    In a recent decision in the chapter 11 case of WestPoint Stevens, Inc.,1 the United States Court of Appeals for the Second Circuit interpreted section 363(m) of the Bankruptcy Code to render an appeal of sale under section 363 of the Bankruptcy Code statutorily moot. The Second Circuit held that because the Bankruptcy Court had not stayed the order authorizing the sale, a stay of only one aspect of the sale rendered moot of the sale in its entirety.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Interest, Debt, Good faith, Remand (court procedure), Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    James McDonnell
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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