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    Third Circuit Denies Large Break-up Fee in High-Profile EFH Case
    2018-09-21

    The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case. In re Energy Future Holdings Corp., No 18-1109, 2018 U.S. App. LEXIS 25945 (3rd Cir. Sept. 13, 3018). The court held that the bidder’s efforts didn’t result in a benefit to the debtors’ estates.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court, Third Circuit
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Punitive Damages for Involuntary Bankruptcy Petitions Filed in Bad Faith are Ineligible for Setoff
    2018-09-07

    We generally advise clients to think carefully before commencing an involuntary bankruptcy petition against an alleged debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Third Circuit
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Third Circuit Enforces Plan Releases Against Later-Purchasing Shareholders Bringing Claims Concerning Post-Confirmation Conduct
    2018-08-24

    Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability. In Zardinovsky v. Arctic Glacier Income Fund, No. 17-2522 (3d Cir. Aug. 20, 2018), the United States Court of Appeals for the Third Circuit held that such a provision bound shareholders who purchased the shares after confirmation, as to post-confirmation claims including securities fraud and breach of fiduciary duty.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, FINRA, Third Circuit
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Delaware District Court Holds That a $30 Million Haircut Is Not Unfair Discrimination in a Cramdown Plan
    2018-08-27

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Third Circuit
    Authors:
    Anupama Yerramalli , Megan M. Wasson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast
    2018-08-27

    Section 363(k) of the Bankruptcy Code grants secured creditors the right to credit bid up to the full amount of their claim as a form of currency to bid to purchase assets securing their claim from a debtor in connection with a stand-alone sale of assets under section 363(b). In a recent opinion from the Bankruptcy Court for the District of Delaware, In re Aerogroup International, Inc., Judge Kevin J.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Secured creditor, Debtor in possession, Third Circuit, US District Court for District of Delaware
    Authors:
    Matthew Goren , Kevin Bostel
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Assignment of Leases in Bankruptcy Free of Prohibitions, Restrictions and Conditions
    2018-08-01

    In the era that preceded the Bankruptcy Reform Act of 1978 and its enactment of the Bankruptcy Code, bankruptcy estates often lost the value of leases and other contracts that could have been realized for creditors by use or sale as a result of termination provisions (either discretionary or ipso facto), limitations or outright prohibitions on assignment, and counterparty self-help.[1] The Code sou

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court, Third Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Third Circuit Upholds Foreclosure Sale Against Preference Attack
    2018-07-23

    On July 19, the Third Circuit Court of Appeals entered a decision upholding the results of a foreclosure sale against a debtor’s allegation that the sale was a preference because the bankruptcy estate could have sold the property for a higher price. Veltre v. Fifth Third Bank (In re Veltre), Case No. 17-2889 (3d Cir. July 19, 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Foreclosure, Third Circuit
    Authors:
    Joseph M. Esmont
    Location:
    USA
    Firm:
    BakerHostetler
    Environmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issue
    2018-04-06

    There are unique and competing interests between the United States Bankruptcy Code1 and federal and state environmental laws. One of the primary purposes of the Bankruptcy Code is to allow a debtor to have a "fresh start." On the other hand, environmental laws are intended to require responsible parties to comply with environmental standards for the protection of human health and the environment. As a result of these competing interests, there has been extensive litigation related to the interplay between the bankruptcy and environmental regimes.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, K&L Gates LLP, US Environmental Protection Agency, United States bankruptcy court, Third Circuit, Sixth Circuit, US District Court for the Southern District of New York, First Circuit, US District Court for Western District of Pennsylvania
    Authors:
    Dawn M. Lamparello , Sven T. Nylen , Emily S. Tabak
    Location:
    USA
    Firm:
    K&L Gates LLP
    Third Circuit finds non-debtor cannot assert DUFTA claim
    2018-04-10

    Introduction

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Third Circuit
    Authors:
    Katie Connolly
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    Awkward: Old Friend From Church Blocks Discharge of Student Loan Debt
    2018-04-02

    Providing an exception to the axiom that no good deed goes unpunished, a Texas bankruptcy court recently declared nondischargeable a debt owed to a guarantor who had been forced to pay the debtor’s defaulted student loan.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Title 11 of the US Code, Third Circuit, US District Court for Southern District of Texas
    Authors:
    William Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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