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    Third Circuit relies on market capitalization to value assets in upholding dismissal of fraudulent transfer suit
    2007-04-09

    A district court judgment dismissing a $500 million fraudulent transfer and breach of fiduciary duty suit against Campbell Soup Co., the former parent of Vlasic Foods International (“VFI” or “the debtor”), was affirmed by the United States Court of Appeals for the Third Circuit, on March 30, 2007. VFB, LLC v. Campbell Soup Co., 2007 WL 942360 (3d Cir. 3/30/07).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Shareholder, Market capitalisation, Debtor, Breach of contract, Fiduciary, Debt, Liability (financial accounting), Subsidiary, Valuation (finance), Leverage (finance), Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Specialty Products Holding Corp. seeks bankruptcy protection in response to asbestos litigation
    2010-06-02

    Introduction

    On May 31, 2010, Specialty Products Holding Corp ("SPHC" or the "Debtor"), filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware. This post is one of two posts regarding the SPHC bankruptcy. The first post will look at the Debtor's businesses and events leading up to the bankruptcy filing, while a second post will look at how SPHC intends to deal with the large volume of asbestos claims that forced it to file for bankruptcy.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Fox Rothschild LLP, Bankruptcy, Credit (finance), Debtor, Holding company, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Arch coal successfully emerges from bankruptcy
    2016-10-11

    Arch Coal has announced that it has successfully completed financial restructuring and has emerged from bankruptcy. Shares of the reorganized company began trading last week on the NYSE under the ticker ARCH, according to the Wall Street Journal.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Share (finance), Bankruptcy, Debt, Subsidiary, Coal mining, New York Stock Exchange, The Wall Street Journal
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Service issues letter ruling on application of Section 382(l)(5) for a consolidated group which filed for bankruptcy protection under Title 11
    2011-04-10

    In PLR 201051019 (12/23/2010), the Service ruled that in computing a consolidated group’s §382 limitation after filing for bankruptcy relief, all of its outstanding liabilities before the ownership change should be taken into account at the adjusted issue price, regardless of whether the obligations were subsequently discharged in whole or in part during the recognition period.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Share (finance), Bankruptcy, Taxable income, Debt, Liability (financial accounting), Holding company, Subsidiary, Preferred stock, Pro rata, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Energy producer, AES Thames LLC, files for bankruptcy in Delaware
    2011-02-06

    On February 1, 2011, AES Thames, LLC ("AES" or "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of AES's President in Support of First Day Motions (the "Declaration"), AES owns and operates a coal-fired power plant in Montville, Connecticut.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Injunction, Renewable energy, Coal, Electricity, Electricity generation, Subsidiary, Parent company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chapter 7 Trustee in HRP Myrtle Beach Holdings files preference actions
    2010-09-23

    Recently, the Chapter 7 Trustee (the "Trustee") in the HRP Myrtle Beach Holdings bankruptcy, filed several avoidance actions pursuant to sections 547, 548, and 549 of the Bankruptcy Code. The avoidance actions, filed in the United States Bankruptcy Court for the District of Delaware, are before the Honorable Kevin J. Carey, Chief Judge of the Delaware Bankruptcy Court.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Marketing, Debt, Liquidation, Subsidiary, Parent company, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trico Marine files for bankruptcy in Delaware
    2010-08-30

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Natural gas, Debt, Subsidiary, Debenture, Parent company, Wells Fargo, Deutsche Bank, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the equitable power of the Bankruptcy Court
    2010-08-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Federal Reporter, Limited liability company, Subsidiary, Title 11 of the US Code, Lehman Brothers, Eighth Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    CIT files for bankruptcy
    2009-11-02

    CIT Group Inc.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Wage, Bankruptcy, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Line of credit, Subsidiary, Preferred stock
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP

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