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    Bankruptcy sales and successor liability: beware of attacks on so-called “free and clear” sales
    2013-06-20

    Buyers of assets through the bankruptcy court process seek comfort and solace in the entry of a sale order providing for the transfer of assets “free and clear” of all liabilities. Except for those liabilities expressly assumed by the buyer and new owner, the bankruptcy court order typically includes exacting and precise language transferring those assets, under the imprimatur of the United States Bankruptcy Court, free and clear of all liabilities.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Liability (financial accounting), Fair Labor Standards Act 1938 (USA), Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Alexander M. Laughlin , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Business debt restructuring still available through Chapter 11
    2008-03-21

    Recent news reports have focused on the problems of the financial markets on the one hand and consumer mortgage problems on the other. While Congress may yet grant authority to bankruptcy judges to modify home loans, modification of business loan facilities of all sizes remains available as a powerful and fundamental tool to be used in a business financial restructuring.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Discrimination, Interest, Mortgage loan, Good faith, Secured creditor, Debt restructuring, Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Case study: in re Qimonda
    2011-11-02

    On Oct. 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally. At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code - § 365(n).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), Title 11 of the US Code, US Congress, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy asset sales
    2008-01-19

    The Bankruptcy Code facilitates asset sales in chapter 11 by offering incentives to buyers and flexibility in structuring and timing the sale. A buyer can acquire assets free and clear of liens and is permitted to "cherry-pick" the debtor's contracts and leases to select only those it wants to keep. The assets and sale process can be structured in many ways, including auctions, private sales, lot or bulk sales, and going concern transactions.

    The Key Parties

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Corporate governance, Bankruptcy, Debtor, Unsecured debt, Security (finance), Interest, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court upholds patent protections in cross-border case
    2011-11-02

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally.  At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code, § 365(n), which limits a debtor's right to reject intellectual property licenses in bankruptcy and generally provides that, in the event of a rejection, the licensee may elect either to treat the license as terminated or retain its rights for the duration of the license.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    H. Jason Gold , Scott A. Felder , Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District court holds mandatory abstention applies to dispute between professional liability insurers
    2008-01-08

    The United States District Court for the District of New Jersey has abstained from hearing a dispute between a primary and an excess professional liability insurer related to a bankruptcy settlement based on the mandatory abstention doctrine. Royal Indemn. Co. v. Admiral Ins. Co., Inc., 2007 WL 4171649 (D.N.J. Nov. 19, 2007). After the insured corporation declared bankruptcy, the bankruptcy trustee settled claims with the insured's primary professional liability insurer.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Remand (court procedure), Subject-matter jurisdiction, Title 11 of the US Code, United States bankruptcy court, US District Court for District of New Jersey
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Burned by guaranty of incinerator bond debt, the city of Harrisburg, Pennsylvania files Chapter 9 bankruptcy petition
    2011-10-13

    The City of Harrisburg, Pennsylvania—the state's capital—filed for bankruptcy under Chapter 9 of the United States Bankruptcy Code on Wednesday October 12, 2011, indicating that it owed fewer than 50 creditors more than $545 million.

    Filed under:
    USA, Pennsylvania, Energy & Natural Resources, Insolvency & Restructuring, Wiley Rein LLP, Bond (finance), Bankruptcy, Debtor, Recycling, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Alexander M. Laughlin
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Protection for “personally identifiable information” in bankruptcy sales
    2007-12-05

    The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, US Code, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Hospital's bankruptcy examiner identifies millions of dollars in unauthorized payments; cites law firm for breach of duty
    2011-02-15

    In a case illustrating the effective use of a bankruptcy examiner, the examiner appointed by the court in the North General Hospital bankruptcy case has concluded that the hospital made over $3 million in unauthorized post-bankruptcy filing payments to the detriment of unsecured creditors. Prior to its bankruptcy filing, North General Hospital and certain related corporate debtors operated a hospital in the Harlem section of Manhattan.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Breach of contract, Fiduciary, Debt, Liquidation, Severance package, Title 11 of the US Code, Chief financial officer
    Authors:
    H. Jason Gold , Rebecca L. Saitta
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Homebuilder bankruptcy cases - what you need to know
    2007-10-26

    With the recent decline in housing and real estate generally, companies in the homebuilding and construction markets face serious challenges. Some projects have already been forced into Chapter 11 and others will almost certainly require either a bankruptcy filing or out-of-court restructure. In the event a bankruptcy is filed, vendors, contractors, subcontractors and other interested parties should be aware of the impact of important bankruptcy code provisions on their relationship with troubled companies.

    Automatic Stay

    Filed under:
    USA, Construction, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Letter of credit, Surety, Debtor, Interest, Limited liability company, Foreclosure, Subcontractor, Consolidation (business), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP

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