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    Bankruptcy preference actions-an updated primer
    2010-12-10

    In November of 2010, the trustee for the Circuit City Stores, Inc., liquidating trust filed more than 500 adversary proceedings against creditors seeking the recovery of alleged preferential payments. The extent of the trustee's success in recovering these payments will impact the overall distribution to creditors. Creditors in bankruptcy cases should be aware that preference litigation allows a trustee or debtor-in-possession to recover payments received by a creditor during the period immediately preceding the bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Interest, Division of property, Debt, Legal burden of proof, Liquidation, Balance sheet, US Code, Title 11 of the US Code, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Notice of circumstances was too general to satisfy policy
    2007-06-14

    A federal district court in Illinois has held that a policyholder failed to provide sufficient notice of circumstances that could potentially give rise to a claim to trigger coverage under a D&O policy where the policyholder informed the insurers that it was "contemplating" filing for bankruptcy and expected claims to be filed against its directors and officers. Chatz v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 2007 WL 1119282 (N.D. Ill. Apr. 12, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Discovery, Remand (court procedure), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Black Crow media group wins key rulings in reorganization case
    2010-05-20

    On April 5, 2010, the United States Bankruptcy Court for the Middle District of Florida denied motions filed by Black Crow's secured creditor that would have likely ended the company's chance to reorganize its operations under chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Media & Entertainment, Wiley Rein LLP, Secured creditor, Title 11 of the US Code, United States bankruptcy court, US District Court for Middle District of Florida
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Unwinding the deal when bankruptcy looms
    2007-02-22

    Coping with the Insolvent Business Partner

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Punitive damages, Bankruptcy, Debtor, Injunction, Breach of contract, Joint venture, Liquidation, Due diligence, Default (finance), Leverage (finance), Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Third Circuit limits secured creditor's right to credit bid: "cram down" plan may be "fair and equitable" despite requiring cash bids
    2010-03-27

    On March 22, 2010, the United States Court of Appeals for the Third Circuit affirmed a lower court decision which held that secured creditors do not have an absolute right to credit bid at an auction of assets conducted in connection with a bankruptcy reorganization plan. The court ruled that secured creditors are only entitled to the "indubitable equivalent" of their claims under a specific subsection of the Bankruptcy Code. The "indubitable equivalent" could be the cash value of the assets upon which the creditor holds liens as determined through an auction process.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Interest, Secured creditor, Secured loan, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Don't forget the consumer privacy ombudsman in bankruptcy proceedings
    2009-11-20

    The dispute over the disposition of customer records held by the "Clear" airport traveler program casts a spotlight once again on the handling of consumer personal data when a business falls on hard times. In such circumstances, the desire of the debtor to preserve or maximize the value of its business assets can conflict with legitimate privacy interests of individuals who were customers of the business.

    Filed under:
    USA, New York, Insolvency & Restructuring, IT & Data Protection, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Information privacy, Retail, Debtor, Consumer protection, Class action, Personally identifiable information, Preliminary injunction, Consumer privacy, Social Security number, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Financial restructuring of mass media properties
    2009-08-01

    In the last several months, a number of major mass media companies have filed for chapter 11 relief, including Ion Media Networks, Sun-Times Media Group, Tribune Company, Young Broadcasting and NV Broadcasting. With the economy still struggling to recover, and asset values continuing to decline, commentators speculate that even more mass media related bankruptcies are on the horizon. Certain aspects of a mass media bankruptcy present unique challenges for the various stakeholders due to the special regulatory requirements involved.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Wiley Rein LLP, Bankruptcy, Letter of credit, Surety, Debtor, Collateral (finance), Discrimination, Interest, Broadcasting, Secured creditor, Title 11 of the US Code, Federal Communications Commission (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Liquidation of troubled businesses
    2009-03-06

    Liquidations of struggling enterprises can take several forms. While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case. Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common. This article provides a synopsis of some of the various types of liquidations.

    Chapter 11 Liquidations

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Liquidation, Balance sheet, Liquidator (law), Secured loan, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Basics of US Restructurings of Troubled Companies for Non-US Parties
    2020-07-30

    As the COVID-19 pandemic continues to cause significant disruptions in the US and global economy, it is likely that US companies experiencing financial difficulties will seek to restructure their debts and other obligations. In anticipation of such restructurings, this article provides a brief overview of voluntary restructurings in the US for non-US parties with investments in or commercial relationships with US companies.

    Filed under:
    USA, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Vikram Sidhu
    Location:
    USA
    Firm:
    Clyde & Co LLP
    Does the Bankruptcy Code's automatic stay provision apply to qui tam actions?
    2011-02-07

    Yes, but only if the government declines to intervene in the action. United States ex rel. Kolbeck v. Point Blank Solutions, Inc., 1:08-cv-1187 (E.D. Va.), recently addressed this issue.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Federal Reporter, False Claims Act 1863 (USA), US Code, Title 11 of the US Code, Eighth Circuit, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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