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    Third Circuit concludes personal injury causes of action against a successor to debtor’s business are generalized claims
    2014-05-09

    In a novel decision, the United States Court of Appeals for the Third Circuit held, in its ruling In re Emoral, Inc., 740 F.3d 875 (3d Cir. 2014), that personal injury claims of individuals allegedly harmed by a bankrupt debtor’s products cannot be asserted against a pre-petition purchaser of the debtor’s assets, as they are “generalized claims” which belong to the debtor’s bankruptcy estate rather than to the individuals who suffered the harm.

    Background

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, United States bankruptcy court, Third Circuit
    Authors:
    Richard L. Epling , Dina E. Yavich
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Bankruptcy Judge criticizes Bankruptcy Code section 546(e)
    2014-04-30

    The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law recently held hearings regarding certain provisions of the Bankruptcy Code, including the safe harbor from preference and fraudulent conveyance claims for “settlement payments.”

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cooley LLP, Bankruptcy, Security (finance), US House Committee on the Judiciary, Second Circuit, Third Circuit
    Location:
    USA
    Firm:
    Cooley LLP
    From the top in brief - March/April 2014
    2014-03-31

    In its first bankruptcy decision of 2014 (October Term, 2013), the U.S. Supreme Court held on March 4, 2014, in Law v. Siegel, No. 12-5196 (Mar. 4, 2014) (available athttp://www.supremecourt.gov/opinions/13pdf/12-5196_8mjp.pdf), that a bankruptcy court cannot impose a surcharge on exempt property due to a chapter 7 debtor's misconduct, acknowledging that the Supreme Court's decision may create "inequitable results" for trustees and creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Federal Insurance Contributions Act tax, United States bankruptcy court, Third Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Third Circuit protects suppliers who receive post-petition payments
    2014-03-14

    The Third Circuit held that a supplier may accept court-approved “critical vendor” payments post-petition from a debtor’s bankruptcy estate without fear that such payments will increase that supplier’s liability for payments received pre-petition. Friedman’s Liquidating Trust v. Roth Staffing Cos., 738 F.3d 547 (3d Cir. 2013) (No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, Third Circuit
    Authors:
    Landon S. Raiford
    Location:
    USA
    Firm:
    Jenner & Block LLP
    The Bankruptcy Code v. the Fair Debt Collection Practices Act: who wins?
    2014-02-24

    The case of Simon v. FIA Card, Services, N.A., recently decided by the Third Circuit, demonstrates the potential for conflicts between the Bankruptcy Code and the Fair Debt Collection Practices Act (“FDCPA”) and emphasizes that banks should approach bankruptcy debtors with caution.

    Filed under:
    USA, Insolvency & Restructuring, Spencer Fane LLP, Debtor, Debt, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Third Circuit
    Authors:
    Heather M. Morris
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Investors in distressed debt: recent legal developments to be aware of
    2014-02-24

    Recent rulings in the Third Circuit Court of Appeals and the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Whiteford Taylor & Preston LLP, Bankruptcy, Letter of credit, Debtor, Collateral (finance), Due diligence, Distressed securities, Third Circuit
    Authors:
    Michael E.Hastings
    Location:
    USA
    Firm:
    Whiteford Taylor & Preston LLP
    Delaware court puts the brakes on Hybrid Tech’s credit bid for bankrupt Fisker Automotive’s assets
    2014-02-13

    Last Friday, Judge Sleet of the U.S. District Court for the District of Delaware denied Hybrid Tech Holdings LLC’s appeal of the Delaware bankruptcy court’s decision in In re Fisker Automotive Holdings, Inc. et al, to (i) cap Hybrid Tech’s credit bid for Fisker Automotive’s assets, and (ii) require that the assets be sold via a public auction rather than directly to Hybrid Tech in a private sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Secured loan, US Department of Energy, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cooley LLP
    No surcharge for you: Third Circuit rules that section 506(c) surcharge is "sharply limited"
    2014-01-31

    The ability to "surcharge" a secured creditor's collateral in bankruptcy is an important resource available to a bankruptcy trustee or chapter 11 debtor in possession ("DIP"), particularly in cases where there is little or no equity in the estate to pay administrative costs, such as the fees and expenses of estate-retained professionals. However, as demonstrated by a ruling handed down by the Third Circuit Court of Appeals, the circumstances under which collateral may be surcharged are narrow. In In re Towne, Inc., 2013 BL 232068 (3d Cir. Aug.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Collateral (finance), Foreclosure, Secured creditor, Third Circuit
    Authors:
    Lauren M. Buonome , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Third Circuit holds that debt collectors must generally comply with the Bankruptcy Code and the Fair Debt Collection Practices Act
    2014-01-27

    In Simon v. FIA Card Services, N.A.,[1] the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debt, Subpoena, Debt collection, Collection agency, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court, Third Circuit
    Authors:
    Kathryn M. Borgeson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit holds creditor’s claim disallowable even when held by subsequent transferee
    2014-01-29

    In In re KB Toys Inc., 736 F.3d 247 (3d Cir. 2013) (No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Third Circuit
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP

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