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    Decision in NEC Holdings Corp holds non-debtor environmental liabilities to be non-core
    2011-05-05

    Summary

    In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental claims is non-core. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Environment & Climate Change, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Pollution, Bankruptcy, Debtor, Federal Reporter, Tangible property, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Magic brands, owner of Fuddruckers and Koo Koo Roo, files for bankruptcy
    2010-04-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Dividends, Brand, Limited liability company, Debt, Secured loan, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Chief financial officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in In re J. Silver Clothing, Inc., holds that §547(c) "substantially contemporaneous" transfers are not governed by a bright line rule under §547(e)
    2011-05-04

    Summary

    In a 28 page decision signed April 29, 2011, Judge Gross of the Delaware Bankruptcy Court determined that in order for a transfer to be considered “substantially contemporaneous” as used by Bankruptcy Code §547(c), it does not necessarily need to comply with the timing requirements of §547(e). Judge Gross’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Bright-line rule, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    What is a fraudulent transfer? Decision in Elrod Holdings explains
    2010-03-07

    Introduction

    Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent. Section 548 provides, in relevant part, as follows:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Fraud, Interest, Consideration, Debt, Liquidation, Conveyancing, 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
    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
    ABI Commission proposes changes that would change bankruptcy for secured creditors
    2014-12-19

    Changes may be coming to the Bankruptcy Code that may affect secured creditors.[1] In 2012, the American Bankruptcy Institute established a Commission to Study the Reform of Chapter 11 (the “ABI Commission”). The ABI Commission is composed of many well-respected restructuring practitioners, including two of the original drafters of the Bankruptcy Code, whose advice holds great weight in the restructuring community.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Debtor, Collateral (finance), Debt, Foreclosure, Secured creditor, Title 11 of the US Code
    Authors:
    Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird LLP

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