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    Mets' owners swing for the fences against Madoff trustee
    2011-08-24

    Fred Wilpon, Saul Katz, and their families and affiliated enterprises (the “Wilpon/Katz Group”) last week formally requested the dismissal of the adversary proceeding commenced by Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”). In a two hour hearing before U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Discovery, Debt, Mediation, Good faith, Title 11 of the US Code, Second Circuit, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Take me to the River (Road): the Seventh Circuit prepares to weigh in on credit bidding
    2011-04-25

    The U.S. Court of Appeals for the Seventh Circuit has taken under advisement the latest case involving the now contentious issue of credit bidding.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Dissenting opinion, Secured creditor, Majority opinion, Secured loan, Title 11 of the US Code, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Meet the mess, cont'd -- former Governor Cuomo asked to mediate Madoff trustee's lawsuit against Mets owners
    2011-02-14

    Judge Burton Lifland, the bankruptcy judge overseeing the liquidation proceedings of Bernard L.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Limited liability company, Discovery, Mediation, Liquidation, Attorney's fee, Title 11 of the US Code, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren 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
    Second Circuit affirms unfavorable plan treatment of senior secured creditor in DBSD North America
    2010-12-10

    The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Good faith, Voting, Secured creditor, Unsecured creditor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded
    2010-07-28

    SMITH v. SIPI, LLC (July 27, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    COVID-19: “Avoiding” Harm to Corporate Good Samaritans
    2020-04-16

    The impact of COVID-19 is being felt at all levels of the economy and will work its way through bankruptcy courts for years to come. In these early days, many creditors who are themselves suffering are providing assistance to troubled companies. Suppliers and commercial landlords are agreeing to various forms of relief, including modified credit terms and rent relief to allow customers to bridge this period of unprecedented disruption. While these corporate good Samaritans are providing immediate aid they may be subjecting themselves to the risk of future losses.

    Filed under:
    USA, Insolvency & Restructuring, Coronavirus, Title 11 of the US Code
    Location:
    USA
    Singapore as a new restructuring hub: how does it compare with the Australian regime?
    2018-09-12

    Changes to Singapore's statutory regime for schemes of arrangement, which came into effect in May 2017, are aimed at placing Singapore on the map as an international debt restructuring hub.

    Filed under:
    Australia, Singapore, Insolvency & Restructuring, Clayton Utz, Title 11 of the US Code
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, Singapore
    Firm:
    Clayton Utz
    US Bankruptcy Court flips English decision on flip clauses in Lehman Brothers case
    2010-02-05

    On 25 January 2010, the United States Bankruptcy Court handed down its much anticipated decision in relation to an action brought in that court by two Lehman Brothers entities (the Lehman entities) against BNY Corporate Trustee Services Limited (BNY) (the US Decision).

    Filed under:
    Australia, USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Bankruptcy, Swap (finance), Default (finance), Title 11 of the US Code, Lehman Brothers, Court of Appeal of England & Wales, United States bankruptcy court
    Location:
    Australia, USA
    Firm:
    Clayton Utz
    Spain to Implement and Apply Directive (EU) 2019/1023 to the Spanish Insolvency Act
    2019-07-19

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia.

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Latham & Watkins LLP, Private equity, Title 11 of the US Code, European Commission
    Location:
    European Union, Spain
    Firm:
    Latham & Watkins LLP

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