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
    Construction lien payments: trust funds or not?
    2012-10-30

    Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) –

    The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to a subcontractor as either a preference or a fraudulent conveyance.  The court’s decision turned on whether the payments were trust funds under the Illinois Mechanics Lien Act.

    Filed under:
    USA, Texas, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Troutman Pepper
    New Chapter 11 Filing - HONX, Inc.
    2022-04-28

    On April 28, 2022, HONX, Inc. of Houston, TX filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 22-90035). Hess Corp owns 100% of the debtor’s equity. The petition includes a written consent by the independent directors of Honx providing for entry into a funding agreement among the debtor and Hess Corp.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cole Schotz PC
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - Carlson Travel, Inc.
    2021-11-12

    On November 11, 2021, Carlson Travel, Inc. of Minnetonka, MN filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-90017). Carlson Travel is a business travel management company offering traveler care, travel management, consulting, and booking services.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Cole Schotz PC
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Fifth Circuit Clarifies Equipment Lessors’ Rights under the Texas Equitable Lien Doctrine in Sierra Equipment v. Lexington Insurance
    2018-05-29

    The reality of a bankruptcy proceeding is that creditors often receive less than a full distribution on their claims, forcing them to absorb such losses or look for new avenues to make themselves whole. The “bankruptcy haircut” is more often the case for general unsecured creditors and occurs less often for secured creditors (when they are not undersecured) and lessors (when they are not underwater on their lease). Sometimes creditors have the luxury of looking to guarantors to mitigate their losses when the guarantors are not insolvent or otherwise judgment proof.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cole Schotz PC, Fifth Circuit, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Bankruptcy and Construction Junction: Making Your Texas Mechanic’s Lien Function Better in Bankruptcy
    2017-11-29

    In order to secure a real property owner’s payment obligation, contractors, mechanics, materialmen, and other workmen are often granted a lien referred to by a variety of names including, materialmen’s liens, workmen’s liens, and mechanic’s liens. While the parlance varies by jurisdiction, they are generally referred to as mechanic’s liens in Texas—even in the context of real property.

    Filed under:
    USA, Texas, Construction, Insolvency & Restructuring, Cole Schotz PC
    Authors:
    Benjamin Wallen
    Location:
    USA
    Firm:
    Cole Schotz PC
    Blocking rights and the Texas wind power generation industry
    2022-02-02

    When one party can unilaterally prevent a bankruptcy filing – action steps and best practices

    Commodities Alert

    Restructuring Alert

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Wind power
    Location:
    USA
    Firm:
    DLA Piper
    Blocking rights and the Texas wind power generation industry
    2022-01-20

    Winter is here, with the attendant risk of another major weather event impacting the energy production industry, and, specifically, the wind power generation industry in Texas. Last year, Winter Storm Uri significantly disrupted the Texas power grid and forced several energy originators, distributors, and buyers to consider restructuring alternatives.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Noble Energy Inc. v ConocoPhillips and undisclosed executory contracts
    2018-07-20

    Twenty years after Noble Energy, Inc. acquired assets from the bankruptcy estate of Alma Energy Corp., ConocoPhillips, Co. asserted a US$63 million claim against Noble regarding the acquisition.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, DLA Piper, European Securities and Markets Authority
    Authors:
    Eric Goldberg
    Location:
    USA
    Firm:
    DLA Piper
    Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, in Madoff SIPA Liquidation
    2021-09-02

    “[L]ack of good faith in a SIPA [Securities Investor Protection Act] liquidation applies an inquiry notice, not willful blindness, standard, and that a SIPA trustee does not bear the burden of pleading the transferee’s lack of good faith,” held the U.S. Court of Appeals for the Second Circuit on Aug. 30, 2021. In re Bernard L. Madoff Investment Securities LLC, 2021 WL 3854761, 91 (2d Cir. Aug. 30, 2021) (“Madoff”).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Fifth Circuit Blocks Fraudulent Transferee’s Good Faith Defense
    2019-01-16

    “A … transferee [who] received fraudulent transfers with actual knowledge or inquiry notice of fraud or insolvency” loses any “good faith” defense available under the Texas version of the Uniform Fraudulent Transfer Act (“TUFTA”), held the U.S. Court of Appeals for the Fifth Circuit on Jan. 9, 2019. Janvey v. GMAG LLC, 2019 WL 141107, *3 (5th Cir. Jan. 9, 2019) (emphasis added).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Due diligence, US Securities and Exchange Commission, European Securities and Markets Authority, Fifth Circuit, Texas Supreme Court, U.S. Court of Appeals
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 19
    • Page 20
    • Page 21
    • Page 22
    • Page 23
    • Current page 24
    • Page 25
    • Page 26
    • Page 27
    • 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