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    Untimely objection waives Fifth Amendment objection in coverage dispute
    2008-03-11

    The United States Bankruptcy Court for the Western District of Pennsylvania has ruled that a defendant in a declaratory judgment coverage action waived all of his discovery objections, including objections based upon the Fifth Amendment, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008). Wiley Rein LLP represented the insurer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Waiver, Federal Reporter, Discovery, Indictment, Prejudice, Fifth Amendment, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Federal district court reverses bankruptcy court ruling allowing appointment of “special insurance counsel”
    2008-04-28

    The United States District Court for the Central District of California has reversed a bankruptcy court ruling allowing two law firms—Snyder Miller & Orton LLP (SMO) and Morgan Lewis & Bockius LLP (MLB)—to serve as "special insurance counsel" to address insurance and insurance-coverage-litigation-related matters under the narrow special purpose standards of § 327(e). In re Thorpe Insulation Co., No. CV08-00246-DSF (C.D. Cal. Apr. 22, 2008). Citing In re Congoleum Corp., 426 F.3d 675 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Conflict of interest, Bankruptcy, Debtor, Federal Reporter, Limited liability partnership, Amicus curiae, Standing (law), Remand (court procedure), US District Court for Central District of California, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy Court approves pre-petition automatic stay waiver
    2008-05-22

    In re Bryan Road, LLC, 2008 WL 376773 (Bankr. S.D. Fla. 2008), the Bankruptcy Court for the Southern District of Florida concluded on February 12, 2008, that a borrower could and did waive the protections of the Bankruptcy Code’s automatic stay in a pre-bankruptcy workout agreement with its lender and thus lifted the stay to enable the lender to hold a foreclosure sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Waiver, Interest, Consideration, Foreclosure, Legal burden of proof, Condominium, Refinancing, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Court orders adverse inference instruction after defendants fail to preserve evidence
    2008-05-12

    Centimark Corp. v. Pegnato & Pegnato Roof Mngt, Inc., Case No. 05-708 (W.D. Pa. May 6, 2008)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Shareholder, Breach of contract, Board of directors, Federal Reporter, Discovery, Testimony, Withholding tax, Negligence, Prejudice, Spoliation of evidence, Third Circuit
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Pennsylvania state court permits plaintiff to pursue “deepening insolvency” theory of damages
    2008-07-01

    A Pennsylvania state court has reportedly ruled, in an unpublished opinion, that the Pennsylvania Insurance Commissioner may pursue a theory of damages against the accountant of an insolvent insurer based on a legal claim of “deepening insolvency.” SeeArio v. Deloitte & Touche, PICS No. 08-1013 (Pa. Commw. Ct.).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Audit, Federal Reporter, Accounting, Malpractice, Deloitte, Pennsylvania Supreme Court, Third Circuit
    Location:
    USA
    Firm:
    Locke Lord LLP
    Bankruptcy court rules that federal mogul insurance policies may be assigned to asbestos liability trust
    2008-07-21

    In a recent decision of the United States Bankruptcy Court for the District of Delaware, In re Federal Mogul Global, Inc., No. 01-10578 (JKF) (Bankr. D. Del., Mar. 19, 2008) (click here to read the decision), the court ruled that the assignment of rights in certain insurance policies to an asbestos trust was valid and enforceable under the Bankruptcy Code, and anti-assignment provisions in the policies and applicable state law were preempted.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Federal preemption, Bankruptcy, Debtor, Liability (financial accounting), Underwriting, Delaware Supreme Court, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Locke Lord LLP
    Bankruptcy Court rules that asbestos claims were not discharged by plan of reorganization
    2008-08-12

    In a recent decision of the United States Bankruptcy Court for the District of Delaware, Jeld-Wen, Inc. v. Van Brunt, Adv. Proc. No. 07-51602 (Bankr. D. Del.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Injunction, Bankruptcy discharge, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Locke Lord LLP
    Insurers denied standing in plan confirmation; court allows channeling injunction for silica claims and assignment of policies to trust
    2008-08-11

    The United States District Court for the Western District of Pennsylvania has affirmed two final orders of the bankruptcy court finding that (1) the debtor's insurers lacked standing to object to confirmation of the bankruptcy plan; (2) a channeling injunction for silica claims was appropriately included in the debtor's plan; (3) an assignment of the debtor's rights under its insurance policies to the personal injury trust was authorized by bankruptcy law; and (4) the debtor's reorganization plan was confirmable under the Bankruptcy Code. Hartford Accident & Indemnity Co. v.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Injunction, Federal Reporter, Standing (law), Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    The U.S. Supreme Court addresses Bankruptcy Code exemption to stamp taxes
    2008-09-17

    Debtors operating under Chapter 11 bankruptcy protection routinely sell some or all of their assets during the course of their bankruptcy case. As part of a bankruptcy court approved sale process, debtors often request that the court exempt such transfers from stamp taxes1 pursuant to Bankruptcy Code § 1146(a). The exemption generally reduces obligations encumbering a debtor’s property and allows for a greater portion of sale proceeds to be available for distribution to creditors.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Lowenstein Sandler LLP, Tax exemption, Bankruptcy, Debtor, Statutory interpretation, Liquidation, Balance sheet, Bright-line rule, Stamp duty, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Third Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP

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