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    Bankruptcy taxation
    2010-08-10

    Creation of the Bankruptcy Estate  

    Filed under:
    USA, Insolvency & Restructuring, Tax, Saul Ewing LLP, Bankruptcy, Debtor, Accounting, Tax deduction, Tax return (USA), Debtor in possession, Employer Identification Number, US Code, Title 11 of the US Code, Internal Revenue Code (USA), Trustee, United States bankruptcy court
    Authors:
    Robert E. McKenzie
    Location:
    USA
    Firm:
    Saul Ewing LLP
    Death and taxes assured: confirmation of shell corporation’s tax-avoidance Chapter 11 plan denied
    2010-08-10

    Preservation of favorable tax attributes, such as net operating losses that might otherwise be forfeited under applicable nonbankruptcy law, is an important component of a business debtor's chapter 11 strategy. However, if the principal purpose of a chapter 11 plan is to avoid paying taxes, rather than to effect a reorganization or the orderly liquidation of the debtor, the Bankruptcy Code contains a number of tools that can be wielded to thwart confirmation of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Jones Day, Bond (finance), Tax exemption, Bankruptcy, Shareholder, Debtor, Taxable income, Beneficiary, Debt, Liquidation, Tax deduction, Title 11 of the US Code, Internal Revenue Code (USA)
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Advisory Committee on Bankruptcy rules recommends sweeping revisions to Bankruptcy Rule 2019
    2010-08-10

    Bankruptcy headlines in 2007 were awash with tidings of controversial developments in the chapter 11 cases of Northwest Airlines and its affiliates that sent shock waves through the "distressed" investment community. A New York bankruptcy court ruled that an unofficial, or "ad hoc," committee consisting of hedge funds and other distressed investment entities holding Northwest stock and claims was obligated under a formerly obscure provision in the Federal Rules of Bankruptcy Procedure—Rule 2019—to disclose the details of its members' trading positions, including the acquisition prices.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Lobbying, Bankruptcy, Security (finance), Interest, Hedge funds, Stakeholder (corporate), Leverage (finance), Distressed securities, Securities Industry and Financial Markets Association, US House Committee on Rules, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Set-off as an affirmative defense: an inherent claim against the estate?
    2010-08-13

    Two decades ago, the Supreme Court tackled the issue of whether a third party had submitted itself to jurisdiction of the bankruptcy court. In Granfinanciera, S.A. v. Nordberg,1 the Supreme Court ruled that a party who has not filed a claim against a bankrupt's estate is not subject to the jurisdiction of the bankruptcy courts. A year later, in Langenkamp v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Waiver, Debt, Jury trial, Title 11 of the US Code, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit moots appeal of 363 sale in WestPoint Stevens
    2010-08-13

    In a recent decision in the chapter 11 case of WestPoint Stevens, Inc.,1 the United States Court of Appeals for the Second Circuit interpreted section 363(m) of the Bankruptcy Code to render an appeal of sale under section 363 of the Bankruptcy Code statutorily moot. The Second Circuit held that because the Bankruptcy Court had not stayed the order authorizing the sale, a stay of only one aspect of the sale rendered moot of the sale in its entirety.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Interest, Debt, Good faith, Remand (court procedure), Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    James McDonnell
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The avoidance of post-petition transfers: what’s a vendor to do after In re Delco Oil Co.?
    2010-08-13

    In Marathon Petroleum Co. v. Cohen (In re Delco Oil Co.),1 the Court of Appeals for the Eleventh Circuit recently held that a trustee could avoid a debtor's post-petition transfers of funds that were cash collateral, notwithstanding that the payments had been made in good faith and in the ordinary course of business.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Personal property, Title 11 of the US Code, Trustee, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    In re Visteon: Third Circuit expands the protection of retiree benefits in Chapter 11 cases
    2010-08-12

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Interest, Retirement, Good faith, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brad Eric Scheler , Alan N. Resnick , Jean E. Hanson , Shannon Lowry Nagle , Gary L. Kaplan , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    American Safety Razor files for bankruptcy, citing slow growth and increased competition
    2010-08-12

    Introduction

    American Safety Razor Company ("ASR"), one of the largest manufacturers of shaving razors and blades, filed for bankruptcy protection in Delaware on July 28, 2010. According to the Declaration of ASR's Chief Financial Officer, Andrew Bolt (the "Bolt Declaration"), the company's net sales for 2009 totaled $330 million, down from the $351 million in sales achieved in 2008. See Bolt Declaration, pgh. 11.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Limited liability partnership, Debt, Default (finance), Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Caribbean Petroleum files for bankruptcy following explosion at petroleum tank farm
    2010-08-16

    On August 12, 2010, Caribbean Petroleum Corporation filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Caribbean Petroleum imports and distributes petroleum products in Puerto Rico through a network of 184 service stations. This post will look at the events leading up to the company's filing for bankruptcy, as well as what the company hopes to accomplish while in bankruptcy.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Liquidating Trustee of Intermet corporation files preference actions in Delaware
    2010-08-15

    Introduction

    Earlier this month, the Liquidating Trustee in the Intermet bankruptcy filed preference actions against various defendants. This post will look at the nature of Intermet's business, why the company filed for bankruptcy and the circumstances behind the formation of the Liquidating Trust that is pursuing the preference actions.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Liquidation, Honda, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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