Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Fifth Circuit refuses to enforce Mexican reorganization plan's proposed release of non-debtor bond guarantors
    2012-12-14

    The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concursomercantil) of Mexican glass manufacturer Vitro SAB de CV. As a result of this decision, Wall Street and the capital markets will breathe a sigh of relief and will likely continue to extend credit to Mexican corporations with some confidence that guaranties will be enforced.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Surety, Debtor, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Fifth Circuit expected to issue landmark ruling concerning recognition of foreign bankruptcy proceedings contrary to US public policy
    2012-11-20

    In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization proceeding (concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV. Wall Street and the capital markets will be watching this appeal closely as a reversal of the Bankruptcy Court would likely make lenders and bondholders extremely nervous about extending future credit to Mexican corporations.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bond (finance), Bankruptcy, Debtor, United States bankruptcy court, Fifth Circuit
    Authors:
    Alan M. Feld
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Court provides guidance for seeking damages arising from trades of distressed claims
    2012-08-13

    In Deephaven Distressed Opportunities Tradings, Ltd. v. 3V Capital Master Fund Ltd., Index No. 600610/08 (Sup. Ct., NY County, Jun. 26, 2012), Judge Melvin L. Schweitzer denied the plaintiffs’ motion for summary judgment on its damages claims. The case arose from a dispute over the trade of distressed claims in the Sea Container, Inc. bankruptcy. Deephaven and 3V Capital executed trade confirmations that would convey “allowed” claims to 3V Capital subject to a negotiated assignment agreement. The parties signed confirmations on three trades, two of which led to this dispute.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Breach of contract, Fair market value
    Authors:
    Daniel L. Brown
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Court of Appeal reaffirms MERS' ability to foreclose, holds that recorded documents do not overcome a specifically pled violation of Section 2923.5
    2012-07-30

    In Skov v. U.S. Bank N.A., 2102 WL 2549811 (June 8, 2012), the Court of Appeal reversed the trial court’s decision to sustain a demurrer against plaintiff Andrea Skov’s second amended complaint, holding that she had stated a claim for violation of Civil Code Section 2923.5, which requires a lender to contact a defaulted borrower to discuss alternatives to foreclosure before starting a nonjudicial foreclosure by recording a notice of default.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Foreclosure, Default (finance)
    Authors:
    Alejandro E. Moreno
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Chapter 9 - California and federal bankruptcy law/relative bargaining positions
    2012-06-29

    On June 28, 2012, Stockton, California became the most recent municipality to file for bankruptcy under chapter 9, after having concluded a mandatory mediation process with its creditors. See, In re City of Stockton, California, Case No. 12-32118 (Bankr. E.D. Cal.). Many parties affected by a potential filing by other similarly situated California public entities are seeking to understand the process that precedes a Chapter 9 filing and how to plan for a possible filing.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Public, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Title 11 of the US Code
    Authors:
    Alan H. Martin , Matthew B. Holbrook
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Canonized credit-bidding: the Supreme Court unanimously affirms secured creditor's right to credit-bid at free and clear sale in plan
    2012-06-08

    On May 29, 2012, the Supreme Court ruled 8-0 that a debtor could not confirm a plan over a secured creditor’s objection if the plan provided for the sale of the secured creditor’s collateral free and clear of liens, but did not provide the secured creditor with the option of credit-bidding at the sale. RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166, 2012 U.S. LEXIS 3944 (U.S. May 29, 2012). Such a plan, the Supreme Court held, does not meet the statutory requirements for “fair and equitable” treatment of an objecting secured class in 11 U.S.C. § 1129(b)(2)(A).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michael M. Lauter
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Commercial division rules on enforceability of liquidated damages clauses
    2012-02-13

    In Wells Fargo Bank Northwest v. US Airways, Inc., 2011 NY Slip Op 52188(U) (Sup. Ct. N.Y. County Dec. 1, 2011), Justice Bernard J. Fried held that a liquidated damages provision requiring payment of a holdover fee equal to twice the monthly rent was reasonable and did not function as a penalty under New York contract law. The case arose from three aircraft sale and leaseback transactions, pursuant to which Defendant US Airways, Inc. (“US Airways”), sold to Plaintiff Wells Fargo Bank Northwest (“Wells Fargo”), and Wells Fargo leased back to US Airways, three Boeing 737 aircraft.

    Filed under:
    USA, New York, Aviation, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Liquidated damages, Wells Fargo
    Authors:
    Tyler E. Baker
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Commercial division clarifies limits of choice of law provision in indentures
    2012-02-13

    In the recent matter Wilmington Trust Natl. Assn. v. Vitro Automotriz, Index No. 652303/11 (N.Y. Sup. Dec. 5, 2011), Justice Bernard J. Fried of the Commercial Division addressed the obligations of guarantors of indentured notes. Regardless that the issuer of the notes had declared bankruptcy in Mexico, the guarantors, none of whom were co-debtors, were not relieved of their obligations under the notes.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Debtor, Choice of law
    Authors:
    Sarah Aberg
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    A chapter 11 diaspora? House Judiciary Committee considers chapter 11 venue reform
    2011-10-05

    The House Judiciary Committee recently held a hearing to consider an amendment to the venue provisions of the Bankruptcy Code proposed by the Committee’s Chairman that would require corporations to file voluntary chapter 11 petitions in the district where they maintain their principal place of business or have their principal assets. Under the current bankruptcy venue provisions of the U.S. Code, a debtor corporation can file its bankruptcy case in the state where it is incorporated, where it has its principal assets, or where it is headquartered.

    Filed under:
    USA, Insolvency & Restructuring, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Voting, Subsidiary, Forum shopping, US House of Representatives, US House Committee on the Judiciary, Enron, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    How to turn a bankruptcy reorganization into an insider trading charge
    2011-09-30

    In In re Washington Mutual, Inc., No. 08-12229 (MFW), 2011 WL 4090757 (Bankr. D. Del. Sept.

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sheppard Mullin Richter & Hampton LLP, Confidentiality, Bankruptcy, Debtor, Hedge funds, Insider trading, Misappropriation, Promulgation, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, Securities Exchange Act 1934 (USA), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Robert Rose
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Current page 8
    • Page 9
    • Page 10
    • Page 11
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days