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    IRS final regulations allow pension plan sponsors in bankruptcy to eliminate prohibited payment options
    2012-11-13

    Under Section 436 of the Internal Revenue Code, a single employer defined benefit plan sponsored by a company in bankruptcy cannot pay any “prohibited payments” (e.g., lump sums, Social Security level income annuity payments) if the plan is less than 100% funded. In June 2012, the IRS issued proposed regulations permitting such a defined benefit plan to be amended to eliminate prohibited payment forms without violating the anti-cutback requirements of Internal Revenue Code Section 411(d)(6) if certain conditions are satisfied.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Seyfarth Shaw LLP, Bankruptcy, Defined benefit pension plan, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Linda J. Haynes , Jonathan D. Karelitz
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    American Capital Equipment LLC and Skinner Engine Co.: Third Circuit upholds denial of confirmation without a confirmation hearing and continues its scrutiny of mass tort bankruptcy cases
    2012-09-25

    On July 25, 2012, the Third Circuit issued its decision in In re American Capital Equipment LLC and Skinner Engine Co., 688 F.3d 145 (3rd Cir. 2012), becoming the first circuit court to align itself with numerous district courts that have allowed bankruptcy courts to reject a Chapter 11 plan prior to a confirmation hearing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Conflict of interest, Bankruptcy, Debtor, Federal Reporter, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Seventh Circuit clarifies treatment of trademarks in bankruptcy cases
    2012-08-14

    On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC (“Sunbeam”). It is a landmark opinion for trademark licensees whose licenses are rejected in bankruptcy by trademark owners.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Seyfarth Shaw LLP, Bankruptcy, Concurring opinion, Seventh Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Ninth Circuit B.A.P. determines that third party guaranties can be considered in separately classifying lender claims
    2012-06-15

    In Loop 76, LLC, the Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) recently held that a bankruptcy court may consider whether a creditor received a third party source of payment (e.g., a guaranty) when determining whether that creditor’s claim is “substantially similar” to other claims for purposes of plan classification under 11 U.S.C. § 1122(a). In re Loop 76, LLC, 465 B.R. 525 (B.A.P. 9th Cir. 2012).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Debtor, Collateral (finance), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    U.S. Supreme Court resolves circuit split in favor of secured lenders’ credit-bid rights in chapter 11 bankruptcy cases
    2012-06-04

    The U.S. Supreme Court issued a unanimous decision on May 29, 2012, finding that a chapter 11 bankruptcy plan of liquidation is not confirmable over a secured lender’s objection if such plan prohibits the lender from credit bidding at a sale of its collateral.1 See RadLAX Gateway Hotel, LLC et al. v. Amalgamated Bank, No. 11-166, 566 U.S. ___ (2012).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Collateral (finance), United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Authors:
    James B. Sowka
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Third Circuit in Heritage clarifies burden of proof for valuation and allowance of secured claims under Bankruptcy Code Section 506(a)
    2012-05-30

    On May 14, 2012, the Third Circuit Court of Appeals in In re Heritage Highgate, Inc., et al., No. 11-1889 (3d Cir. May 14, 2012) clarified the burden of proof with respect to the valuation and ultimate allowance of alleged secured claims under Bankruptcy Code section 506(a).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Debtor, Collateral (finance), Legal burden of proof, Fair market value, Third Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Eleventh Circuit Court of Appeals reinstates TOUSA Bankruptcy Court decision
    2012-05-25

    In Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re TOUSA, Inc.), the Eleventh Circuit Court of Appeals reinstated the decision of the United States Bankruptcy Court for the Southern District of Florida (the “Bankruptcy Court”) in which the Bankruptcy Court avoided the liens given by TOUSA’s subsidiaries to new lenders and permitted the recovery of the proceeds of the new loan from other TOUSA lenders that had taken the funds in repayment of their TOUSA guaranteed loans.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Surety, Collateral (finance), Refinancing, Subsidiary, US Code, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Ninth Circuit finds California arbitration law preempted
    2012-03-14

    Relying on the U.S. Supreme Court’s decision inAT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals recently held that California’s rule against compulsory arbitration of claims for public injunctive relief was preempted by the Federal Arbitration Act (“FAA”). The Court also underscored the key points of an enforceable arbitration clause. Kilgore v. KeyBank (March 7, 2012).

    Case Background

    Filed under:
    USA, California, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Federal preemption, Injunction, Arbitration clause, Student loan, Federal Arbitration Act 1926 (USA), Ninth Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Pennsylvania Federal Court salvages customer lists as basis for UTSA claim, but shreds liquidated damages provision and rejects fiduciary claim
    2012-02-03

    In the most recent ruling in long-running litigation styled AMG National Trust Bank v. Ries, NO. 06-CV4337, 09-cv-3061 (E.D. Pa.) (decided Dec.

    Filed under:
    USA, Pennsylvania, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Seyfarth Shaw LLP, Breach of contract, Fiduciary, Liquidated damages
    Authors:
    Rebecca Woods
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    A Pennsylvania district court finds that a non-compete agreement is not subject to automatic stay in bankruptcy
    2011-11-08

    Once triggered by a debtor's bankruptcy petition, the automatic stay suspends a parties' right to commence or continue an action against property of the debtor’s estate. In general, a party can seek relief from the automatic stay for a variety of reasons, including for cause, lack of adequate protection or that the debtor has no equity in the property and the property is not necessary for reorganization. In a case of first impression, a district court in Pennsylvania has found that an injunction enforcing a non-compete provision in a franchise agreement was not a "claim" against t

    Filed under:
    USA, Pennsylvania, Employment & Labor, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Non-competes, Cease and desist, Franchise agreement, United States bankruptcy court
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP

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