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    Service issues letter ruling on application of Section 382(l)(5) for a consolidated group which filed for bankruptcy protection under Title 11
    2011-04-10

    In PLR 201051019 (12/23/2010), the Service ruled that in computing a consolidated group’s §382 limitation after filing for bankruptcy relief, all of its outstanding liabilities before the ownership change should be taken into account at the adjusted issue price, regardless of whether the obligations were subsequently discharged in whole or in part during the recognition period.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Share (finance), Bankruptcy, Taxable income, Debt, Liability (financial accounting), Holding company, Subsidiary, Preferred stock, Pro rata, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chp. 7 trustee files preference actions in HomeBanc Mortgage bankruptcy
    2010-03-01

    George Miller, the Chapter 7 Trustee in the HomeBanc Mortgage bankruptcy, recently filed approximately 400 preference actions against various defendants under section 547 of the Bankruptcy Code. According to a Summons filed in one of the adversary actions, the first pre-trial conference is scheduled in the United States Bankruptcy Court for the District of Delaware on April 21, 2010. The HomeBanc bankruptcy, along with these adversary actions, are before the Honorable Kevin J.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail, Debtor, Mortgage loan, Mortgage-backed security, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in Sunset Aviation commences preference actions
    2011-03-21

    Background

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Legal personality, Liquidation, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    S.D.N.Y. bankruptcy court dismisses preference action involving international transfer
    2017-02-07

    In the recent decision ofSpizz v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.), 2017 WL 75750 (Bankr. S.D.N.Y. Jan.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for SDNY
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy trustee in Eclipse Aviation files preference actions
    2010-11-30

    In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly "Eclipse Aviation"), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a New Mexico manufacturer of small jet aircraft. The company filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on November 25, 2008.

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Liquidation, Cashflow, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Good news: trademark use after licensor's bankruptcy
    2012-12-31

    What is the impact of a bankruptcy filing on the ability of a franchisee to continue utilizing the trademarks of the franchisor?  

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Trademarks, Fox Rothschild LLP, Bankruptcy, US Code, Title 11 of the US Code, Seventh Circuit
    Authors:
    Michael J. Viscount, Jr.
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in DBSI bankruptcy files adversary actions
    2010-11-25

    Introduction

    Earlier this month, the chapter 11 trustee (the "Trustee") in the DBSI bankruptcy began filing adversary actions seeking the avoidance and recovery of alleged fraudulent transfers. The Trustee filed the adversary actions against various defendants, some of whom the Trustee identifies as "John Doe 1 -10." This post will look briefly at the DBSI bankruptcy proceeding, why DBSI filed for bankruptcy, as well as some of the events that have transpired since the compnay filed for bankruptcy.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Commercial property, Leasehold estate, Credit crunch, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Chief executive officer, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy trustee in ultimate electronics files more preference actions
    2012-12-27

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Title 11 of the US Code
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chapter 7 trustee in consolidated bedding commences preference actions
    2010-10-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, HTTP cookie, Foreclosure, Default (finance), Title 11 of the US Code, United States bankruptcy court, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bahraini investment bank, Arcapita Bank BSC, files for bankruptcy in the Southern District of New York
    2012-03-21

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Investment banking, Title 11 of the US Code, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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