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    Seventh Circuit reads bankruptcy safe harbor broadly to insulate preferential settlement payment to commodity broker
    2014-04-03

    The United States Court of Appeals for the Seventh Circuit, on March 19, 2014, held that a corrupt debtor’s pre-bankruptcy cash transfer to a commodity broker was a “settlement payment” made “in connection with a securities contract,” thus falling “within [Bankruptcy Code] §546(e)’s safe harbor” and insulating the transfer from the trustee’s preference claim. Grede v. FCStone, LLC (In re Sentinel Management Group, Inc.), 2014 WL 1041736, *7 (7th Cir. Mar. 19, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Security (finance), Commodity broker, Hedge funds, Mutual fund, Seventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Seventh Circuit suggests that longer assumption/rejection deadline should govern integrated franchise and commercial lease agreements
    2014-03-31

    It is broadly accepted that the abbreviated deadline for a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume or reject an unexpired lease of nonresidential real property with respect to which the debtor is the lessee does not apply to executory contracts or unexpired leases of residential real property or personal property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Debtor, Personal property, Seventh Circuit
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Sentinel decision prioritizes protection of securities and futures markets
    2014-03-26

    On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment accounts carrying commodity customer funds. The Seventh Circuit held that commodity futures customer funds must be protected in an insolvency situation, and that the release of customer funds to meet margin obligations should be upheld at all costs.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Security (finance), Investment management, Commodity broker, Futures exchange, Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Stephen P. Bedell , Robert S. (Rob) Bressler , Geoffrey S. Goodman , David B. Goroff , Thomas P. Krebs , William J. McKenna
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Seventh Circuit poised to decide treatment of franchise agreements in bankruptcy
    2014-02-18

    A & F Enterprises, Inc. v. IHOP Franchising LLC (In re A & F Enterprises, Inc.), 2014 WL 494857 (7th Cir. 2014)

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re A&F Enterprises, Inc., II has something in common with the Little Sisters of the Poor
    2014-02-10

    The power of an appellate court in the federal system to stay the orders of lower courts or to enjoin conduct that lower courts have refused to enjoin, so as to preserve the appellate court’s jurisdiction to review those orders on ultimate appeal, is clearly established yet infrequently invoked. In addition to other potential sources, the power derives from the All Writs Act, 28 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Injunction, Federal Reporter, Affordable Care Act 2010 (USA), Seventh Circuit, Tenth Circuit
    Authors:
    Thomas L. Shriner Jr
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Seventh Circuit allows non-recourse loan to be treated as recourse
    2014-01-29

    In In re B.R. Brookfield Commons No. 1 LLC, 735 F.3d 596 (7th Cir. 2013) (No.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, Secured creditor, Seventh Circuit
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Seventh Circuit holds that Illinois mortgages need only substantially comply with mortgage form in statute
    2014-01-13

    Recently, the United States Court of Appeals for the Seventh Circuit held that Illinois mortgages entered prior to the amendment of 765 ILCS 5/11 need not strictly conform to the form presented in the statute. In re Crane, --- F.3d ---, 2013 WL 6731850 (7th Cir. Dec. 23, 2013). However, the court’s decision in Crane, considered as a whole, serves as a reminder to secured lenders to closely examine the contents of their mortgages and the requirements of applicable state law.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Debt, Mortgage loan, Constructive notice, United States bankruptcy court, Seventh Circuit
    Authors:
    John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Innovation Act, passed by the House, would make major changes to Section 365(n)'s IP licensee protections
    2013-12-17

    It isn't law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation and other patent law revisions, the Innovation Act, H.R. 3309, would also make major changes to Section 365(n) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Patents, Cooley LLP, Innovation Act (USA), Seventh Circuit
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Supreme Court declines to review Seventh Circuit’s decision in Castleton Plaza requiring competitive bidding for “new value” plan benefiting an insider who does not hold an equity interest in the debtor
    2013-11-25

    On October 7, 2013, the United States Supreme Court refused to review a Seventh Circuit decision1 in the Castleton Plaza, LP case, which held that a new value plan proposed by the debtor in which an equity-holder’s spouse would provide a cash infusion to the debtor in exchange for 100 percent of the reorganiz

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, Interest, Supreme Court of the United States, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Another blow to triangular setoff in bankruptcy
    2013-11-21

    Section 553 of the Bankruptcy Code provides, subject to certain exceptions, that the Bankruptcy Code “does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case under this title against a claim of such creditor against the debtor that arose before the commencement of the case.” Debts are considered “mutual” when they are due to and from the same persons or entities in the same capacity.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Debt, Barclays, Seventh Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Jones Day

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