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    Bankruptcy sales and successor liability: beware of attacks on so-called “free and clear” sales
    2013-06-20

    Buyers of assets through the bankruptcy court process seek comfort and solace in the entry of a sale order providing for the transfer of assets “free and clear” of all liabilities. Except for those liabilities expressly assumed by the buyer and new owner, the bankruptcy court order typically includes exacting and precise language transferring those assets, under the imprimatur of the United States Bankruptcy Court, free and clear of all liabilities.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Liability (financial accounting), Fair Labor Standards Act 1938 (USA), Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Alexander M. Laughlin , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Are inherited IRAs exempt in bankruptcy? Seventh Circuit says "No." Others say "yes."
    2013-06-25

    In April, the Seventh Circuit Court of Appeals split with the Fifth Circuit – and other lower courts – on an issue at the intersection of bankruptcy and trusts and estate law. InIn re Clark, 714 F.3d 559 (7th Cir. 2013), the court held that funds in an individual retirement account inherited from someone other than the bankrupt debtor’s spouse are not “retirement funds” within the meaning of the United States Bankruptcy Code and are, therefore, available to pay creditors of the debtor-heir.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Quarles & Brady LLP, Bankruptcy, Internal Revenue Code (USA), Fifth Circuit, Seventh Circuit
    Authors:
    Christopher Combest
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    Seventh Circuit overturns veil-piercing
    2013-06-12

    On Command Video Corp. v. Roti, Nos. 12-1351 and 12-1430 (7th Cir., Jan. 14, 2013)

    CASE SNAPSHOT

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Reed Smith LLP, Limited liability company, Seventh Circuit
    Authors:
    Stephen T Bobo
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit requires competition for insider’s new-value plan of reorganization
    2013-06-12

    In re Castleton Plaza, LP,___F.3d__, 2013 WL 537269 (7th Cir. Feb. 14, 2013)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Interest, Seventh Circuit
    Authors:
    Stephen T Bobo
    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
    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
    Student loans: nondischargeability questioned in Seventh Circuit and beyond
    2013-04-25

    Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such indebtedness from discharge would impose an undue hardship upon the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Debt, Concurring opinion, Student loan, Seventh Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Successor liability in “asset deal” extends to wage/hour liability
    2013-04-11

    The Seventh Circuit recently held that a purchaser in an “asset deal” of a business in receivership was found to be a successor employer for the purposes of a $500,000 wage/hour settlement. The liability was imposed on the purchaser even though the contract formalizing the asset deal expressly excluded that liability. Teed v. Thomas & Betts Power Solutions, LLC. Found here.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Bass Berry & Sims PLC, Seventh Circuit
    Authors:
    Tim K. Garrett
    Location:
    USA
    Firm:
    Bass Berry & Sims PLC
    Seventh Circuit extends FLSA successor liability to asset purchaser
    2013-03-27

    The U.S. Court of Appeals for the Seventh Circuit became the second federal appellate court to extend successor liability under the FLSA to an asset purchaser. In Teed et al, v.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Fair Labor Standards Act 1938 (USA), Seventh Circuit
    Authors:
    Ben H. Bodzy , Lawrence S. Eastwood , Megan Sutton
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    First (post-) impressions: insider distribution violates absolute priority rule, and competition is essential element of new value corollary
    2013-03-31

    Until 2013, no circuit court of appeals had weighed in on the implications of the U.S. Supreme Court’s pronouncement in the 203 North LaSalle case that property retained by a junior stakeholder under a cram-down chapter 11 plan in exchange for new value “without benefit of market valuation” violates the “absolute priority rule.” See Bank of Amer. Nat’l Trust & Savings Ass’n v. 203 North LaSalle Street P’ship, 526 U.S. 434 (1999), reversing Matter of 203 North LaSalle Street P’ship, 126 F.3d 955 (7th Cir. 1997).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Debtor, United States bankruptcy court, Seventh Circuit
    Authors:
    Paul D. Leake , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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