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    Administrative creditor had no claim to assets that were not estate property
    2012-02-08

    IN RE: HOLLY MARINE TOWING, INC. (January 6, 2012)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Potential creditor's claim appeal is moot once property is sold pursuant to approved liquidation plan
    2012-02-02

    IN RE: RIVER WEST PLAZA - CHICAGO, LLC (December 22, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kelley Drye & Warren LLP, Liquidation, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    L.L.C. member is an insider for purposes of preferential transfer
    2011-10-12

     IN RE: LONGVIEW ALUMINUM, L.L.C. (September 2, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Seventh Circuit dodges intra- and inter-circuit conflict regarding res judicata and bankruptcy
    2011-08-15

    MATRIX IV, INC. v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO (July 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Breach of contract, Fraud, Res judicata and issue estoppel, Estoppel, Summary offence, Common law, Collateral estoppel, Collusion, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Creditor fraud in bankruptcy proceeding is not a "fraud on the court" for Rule 60 purposes
    2011-08-04

    IN RE: GOLF 255, INC. (July 22, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bribery, Bankruptcy, Shareholder, Fraud, Discovery, Res judicata and issue estoppel, Mediation, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously
    2011-08-01

    TOWNSQUARE MEDIA v. BRILL (July 21, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Summary offence, Remand (court procedure), Non-disclosure agreement, Subject-matter jurisdiction, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    So this is why judges bother to write dissenting opinions - Seventh Circuit decision on credit bidding vindicates Judge Ambro's Philadelphia Newspapers dissent
    2011-07-26

    Critics of last year’s decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit’s recent unanimous opinion in River Road Hotel Partners LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured loan, US Congress, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Plan proposing unencumbered asset sale, free and clear of liens, cannot be confirmed under § 1129(b)(2)(a)(iii)
    2011-07-06

    RIVER ROAD HOTEL PARTNERS v. AMALGAMATED BANK (June 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Secured loan, Google, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Seventh Circuit disagrees with Philadelphia Newspapers and finds that credit bidding required for asset sales in bankruptcy plans
    2011-07-18

    When entering into secured transactions, most secured lenders long assumed that, even in a bankruptcy, their borrowers would not be able to sell encumbered assets free and clear of the lenders’ liens without the lenders’ consent or, without at least providing the lenders the opportunity to bid their secured debt at an auction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Credit (finance), Debtor, Interest, Limited liability company, Secured creditor, Secured loan, US Congress, SCOTUS, United States bankruptcy court, Third Circuit, Seventh Circuit
    Authors:
    Caroline A. Reckler , Matthew L. Warren
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Seventh Circuit: Section 546(e) Safe Harbor Does Not Shield From Avoidance Transfers Made Through Financial Institution Conduits
    2016-08-02

    In FTI Consulting, Inc. v. Merit Management Group, LP,1 the Seventh Circuit recently held that transfers are not protected under the safe harbor of section 546(e) of the U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Safe harbor (law), Seventh Circuit
    Location:
    USA
    Firm:
    Dechert LLP

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