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    "Superior" strength - or how to bend barred claims
    2012-01-10

    The Bottom Line:

    Filed under:
    USA, Texas, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Injunction
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    "Superior" strength- or how to bend barred claims
    2012-01-10

    The Bottom Line:

    Filed under:
    USA, Texas, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Injunction
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Full steam ahead: a “landmark victory” for Omega Navigation Enterprises
    2011-12-20

    In an Order issued yesterday by the Bankruptcy Court for the Southern District of Texas in the Omega Navigation Enterprises, Inc. (Omega) chapter 11 cases, Judge Karen Brown has denied motions to dismiss or convert Omega’s chapter 11 cases or for relief from stay filed by Omega’s Senior Lenders and supported by Omega’s Junior Lenders and Unsecured Creditors’ Committee. In the view of Lloyd’s List, a leading industry publication:

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Bracewell LLP, United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Bracewell LLP
    Are foreclosure sales final?
    2011-10-31

    Whittle Development, Inc. v. Branch Banking & Trust Co.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, LeClairRyan, Credit (finance), Debtor, Collateral (finance), Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    LeClairRyan
    Valid foreclosure sale may still be subject to preference attack
    2011-10-13

    In the recent case of Whittle Development, Inc. v. Branch Banking & Trust Co. (In re Whittle Development, Inc.), No. 10-37084, 2011 WL 3268398 (N.D. Tex. July 27, 2011), a bankruptcy court was asked whether a preference action could be sustained against a creditor who purchased real property in a properly conducted state law foreclosure sale. Recognizing a split of authority and some contrary principles enunciated by the Supreme Court in its prior decision, BFP v. Resolution Trust Corp., 511 U.S. 531 (1994), the bankruptcy court found that a preference claim could be asserted.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Debtor, Interest, Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Trustee, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Michael Distefano
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Apartment buildings in Houston, Texas
    2011-10-13

    In re GALP Highcross Limited Partnership (Bankr. S.D. Tex.) Case no. 11-36741
    In re GALP Waters Limited Partnership (Bankr. S.D. Tex.) Case no. 11-36743

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Greenberg Traurig LLP, Bankruptcy, Debtor, Accounts receivable, Personal property, Limited partnership
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Texas court rejects claim by unpaid creditor that two LLC organizers were liable as general partners
    2011-10-03

    LLC organizers sometimes refer to themselves loosely as “partners” during the preliminary stages of a development project, before they get around to forming their limited liability company, but those words can come back to haunt them. Say, for example, that during the pre-formation phase, one of the organizers signs a contract in his own name, intending that the LLC carry out the contract. The LLC is formed, but then the project doesn’t go forward, the parties fall out, and the organizer that signed the contract can’t pay.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Breach of contract, Limited liability company, Debt
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Weathering the storm: bankruptcy court permits minimal artificial impairment and applies investment band approach to determine the cram-down rate under Till
    2011-08-11

    Bankruptcy Judge Michael Lynn of the Northern District of Texas recently issued a noteworthy opinion in In re Village at Camp Bowie I, L.P. that addresses two important Chapter 11 confirmation issues. Judge Lynn determined that a plan that artificially impaired a class of claims in order to meet the requirements of section 1129(a)(10) had not been proposed in bad faith and did not violate the requirements of section 1129(a). In his ruling, Judge Lynn also applied the Supreme Court’s cram-down “interest”1 rate teachings in Till v.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Credit (finance), Debtor, Unsecured debt, Interest, Foreclosure, Good faith, Bad faith, Default (finance), Title 11 of the US Code, United States bankruptcy court, US District Court for Northern District of Texas
    Authors:
    Ian T. Peck , Stephen Pezanosky , Jarom Yates
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Golf Channel Finds the Fairway in Fraudulent Transfer Litigation - Good News for Vendors in Ponzi Scheme Cases
    2016-05-09

    In some good news for commercial vendors, the Supreme Court of Texas recently ruled that payments for ordinary services provided to an insolvent customer are not recoverable as fraudulent transfers, even if the customer turns out to be a “Ponzi scheme” instead of a legitimate business.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Debtor, Fraud, Good faith, Fifth Circuit, Texas Supreme Court
    Authors:
    Laura Uberti Hughes
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Valuation Outside the Box: Southern District of Texas Affirms the Bankruptcy Court’s Discretion to Select Appropriate Valuation Methodologies
    2016-05-10

    In a recent decision, the United States District Court for the Southern District of Texas affirmed the bankruptcy court’s rejection of the cost methodology to value the right to use common amenities in a condominium development and, in the process, bolstered the notion that bankruptcy courts have discretion in determining what valuation methodologies are appropriate under the facts and circumstances of a particular case.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Valuation (finance), United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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