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    Supreme Court’s denial of certiorari strengthens intellectual property licensees’ protections in cross-border insolvency cases
    2014-10-09

    Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the U.S. Court of Appeals for the Fourth Circuit, upholding a bankruptcy court’s determination that a foreign debtor in a Chapter 15 case could not terminate its intellectual property licenses under German law, where such action would deprive the licensees of the debtor’s U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Troutman Pepper, Debtor, Title 11 of the US Code
    Authors:
    Michael J. Custer
    Location:
    USA
    Firm:
    Troutman Pepper
    Fraudulent transfer: a case where strong arm powers were “an inch too short”
    2014-08-29

    Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Condo liens: Judicial lien v. security interest v. statutory lien – and who cares?
    2012-11-29

    Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Debtor, Condominium, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    New York Bankruptcy Court allows total cost method to calculate contractor’s inefficiency damages resulting from restaging of project
    2011-12-20

    GII Industries, Inc. v. New York Dep’t of Transp. 2011 Bankr. LEXIS 3663 (Bankr. E.D.N.Y. Sept. 30, 2011)  

    The Bankruptcy Court for the Eastern District of New York considered the appropriate method for calculating a contractor’s inefficiency damages and whether the contractor was entitled to prejudgment interest in connection with a highway reconstruction project. The Court held that the total cost method was the appropriate manner by which to calculate damages and that the contractor was entitled to prejudgment interest running from the date final payment was due.

    Filed under:
    USA, New York, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    How to reclaim something that isn’t there: a creative way around § 546(c)
    2011-07-12

    Back in the mists of time, a seller that had a valid reclamation claim but was denied the return of its goods was entitled to an administrative expense claim (a claim with a higher priority than a general unsecured claim and thus a better chance of getting paid) or a lien on the debtor’s assets. The 2005 amendment to § 546(c) of the Bankruptcy Code changed all that by stripping away those alternative remedies.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Interest, Covenant (law), Mortgage loan, Right of first refusal, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court declares bankruptcy courts’ jurisdiction to decide counterclaims based on state common law unconstitutional
    2011-07-07

    The United States Supreme Court recently ruled in Stern v. Marshall1 that a bankruptcy court lacks constitutional authority to render a final judgment on a bankruptcy estate’s counterclaim against a creditor based on state common law, despite an express statutory grant of jurisdiction. This ruling is the most significant decision regarding bankruptcy court jurisdiction since the Court’s 1982 decision in Northern Pipeline v. Marathon2 and it could significantly affect the administration of bankruptcy cases.

    Root of the Constitutional Problem

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Troutman Pepper, Bankruptcy, Tortious interference, Defamation, Standard of review, Constitutionality, Common law, Subject-matter jurisdiction, Title 11 of the US Code, US Constitution, Article III US Constitution, US Congress, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Asset Sales: A Primer
    2020-04-27

    Authors:Hugh M.

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Employee Retirement Income Security Act 1974 (USA), Due diligence, Coronavirus, Title 11 of the US Code
    Authors:
    Deborah Kovsky-Apap
    Location:
    USA
    Firm:
    Troutman Pepper
    Third Circuit holds that insurers have standing to challenge Chapter 11 plan designed to be 'insurance neutral'
    2011-05-10

    In a recent decision arising out of the Chapter 11 bankruptcy case of Global Industrial Technologies, Inc. (GIT),1 the U.S. Court of Appeals for the Third Circuit, sitting en banc, held that insurance companies that had issued liability insurance policies to a manufacturer before its bankruptcy filing had standing to object to confirmation of the company’s Chapter 11 plan of reorganization, even though the plan had been designed to be “insurance neutral” with regard to the policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Class action, Standing (law), Liability (financial accounting), Holding company, Liability insurance, Title 11 of the US Code, Third Circuit
    Authors:
    Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    A Primer on DIP Financing in the COVID-19 Landscape
    2020-04-22

    The macroeconomic impact of the coronavirus (COVID-19) on nearly all industries is forcing businesses directly and indirectly affected by the global pandemic to consider restructuring alternatives. Since prospective businesses looking to reorganize or liquidate through the chapter 11 process are likely to need immediate cash in order to operate their businesses, these companies often will look to existing or third-party lenders (and in certain cases, stalking horse bidders or customer groups) to provide them with debtor-in-possession financing (DIP Financing).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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