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    Decision in Six Flags bankruptcy addresses sufficiency of pleadings under Fed.R.Civ.P. 12(b)(6)
    2011-01-02

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Federal Reporter, Limited liability company, Verizon Communications, SCOTUS, United States bankruptcy court, Third Circuit
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in Meridian Automotive Systems files preference complaints
    2011-08-21

    On August 7,  2009, Meridian Automotive Systems ("Meridian") filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code.  Soon after Meridian filed its petition for bankruptcy, the Office of the United States Trustee appointed George L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Debt, Liability (financial accounting), Title 11 of the US Code, Constitution, United States bankruptcy court, Third Circuit, Seventh Circuit, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DHP Holdings considers forum selection clause in deciding whether to grant motion to change venue
    2010-11-01

    In September of this year, the Honorable Mary F. Walrath, the presiding Judge in the DHP Holdings bankruptcy, issued a decision addressing the effect of a forum selection clause when deciding a motion to change venue. This issue came before the court in an adversary action filed by DHP against The Home Depot. After DHP filed for bankruptcy, the company sued Home Depot for $5.5 million alleging Home Depot owed the company for an outstanding account receivable.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Breach of contract, Fraud, Accounts receivable, Federal Reporter, Consideration, Forum selection clause, Prima facie, Small Business Administration (USA), United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Everything But Water, LLC requires preference claimants to identify transferees specifically in granting motion to dismiss
    2011-08-19

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Federal Reporter, Involuntary dismissal, Bear Stearns, United States bankruptcy court, Third Circuit, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Third Circuit affirms Delaware Bankruptcy Court stub rent decision
    2010-10-22

    Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to "timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1)." In 2001 the Third Circuit construed this section to require the debtor to perform the lease in accordance with its terms. CenterPoint Properties v. Montgomery Ward Holding Corp. (In re Montgomery Ward Holding Corp.), 268 F.3d 205 (3d Cir. 2001).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Retail, Debtor, Landlord, Federal Reporter, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, Third Circuit, First Circuit, Circuit court, Trustee
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Third Circuit: Bankruptcy Code section 502(d) applies to subsequent transferees
    2013-12-02

    In a recent decision, the Court of Appeals for the Third Circuit (the “Third Circuit”) affirmed1 the bankruptcy court’s decision in In re KB Toys, Inc.,2 and held that a claim that is subject to disallowance under section 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable when that claim is held by a subsequent transferee because the section is applicable to “claims” rather than “claimants.” This holding is in contrast to a prior decision of the District Court for the Southern District of New York in

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Management of large liabilities of health care companies through bankruptcy
    2020-02-26

    Two recent decisions involving health care companies demonstrate how reorganization under Chapter 11 of the Bankruptcy Code1 can be used to manage large liabilities.

    Filed under:
    USA, Delaware, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Hogan Lovells, Medicare, Medicaid, Third Circuit, US District Court for District of Delaware
    Authors:
    Kevin Carey
    Location:
    USA
    Firm:
    Hogan Lovells
    Third Circuit enforces make-whole premium for secured lenders in Energy Future Holdings bankruptcy
    2017-05-04

    Bond indentures and loan agreements often include make-whole provisions to provide protection to lenders and investors in the event of debt repayment prior to maturity. Make-whole provisions work to compensate the investor/lender for any future interest lost when the issuer/borrower repays the note prior to a specific date.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Third Circuit
    Authors:
    Robin E. Keller , Ronald Silverman , John D. Beck
    Location:
    USA
    Firm:
    Hogan Lovells
    US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator
    2012-01-23

    On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator.

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debtor, Pension Protection Fund, United States bankruptcy court, Third Circuit
    Authors:
    Elmer Doonan , Carole Neville , Andrew Patten , Robert E. Richards
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Third Circuit affirms discounted cash flow as commercially reasonable measure of repurchase agreement damages claim
    2011-02-18

    The United States Third Circuit Court of Appeals (the "Third Circuit") issued an opinion on February 16, 2011 in the American Home Mortgage chapter 11 proceeding that upheld a determination by the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") on the valuation of a creditor’s claim that in connection with the termination and acceleration of a mortgage loan repurchase agreement.1 The decision is significant because the Third Circuit affirmed the Bankruptcy Court’s decision that the post-acceleration market value of the mortgage loans was not a relevant m

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Debtor, Statutory interpretation, Mortgage loan, Default (finance), Market value, Valuation (finance), Discounted cash flow, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Aimee M. Cummo , Hugh M. McDonald
    Location:
    USA
    Firm:
    Dentons

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