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    Third Circuit: Unsecured Claim for Royalties from Intellectual Property Purchased by Debtor Discharged Under Chapter 11 Plan
    2024-07-31

    Mitigating risk of loss associated with a bankruptcy filing should be an element of any commercial transaction, especially if it involves a sale or license of intellectual property rights. A ruling recently handed down by the U.S. Court of Appeals for the Third Circuit provides a stark reminder of the consequences of when it is not. In In re Mallinckrodt PLC, 99 F.4th 617 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, US Congress, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Jones Day
    Navigating Asset Tracing Challenges in Bankruptcy
    2023-12-11

    This article originally appeared on Law360.

    The uptick in bankruptcy cases will mean more work for insolvency professionals who specialize in asset tracing. Some of the most interesting work will arise in cases where companies engaged in significant fraud.

    Each bankruptcy cycle has these cases. In 2001, Enron Corp. filed for bankruptcy. In 2008, there was Bernie Madoff. The latest example is FTX Trading Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Insolvency, FTX, Supreme Court of the United States, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    8th Cir. Affirms Use of Borrower’s Proposed Rate for Payments in Chapter 12 Bankruptcy
    2023-08-14

    In an appeal involving a Chapter 12 bankruptcy, the U.S. Court of Appeals for the Eighth Circuit recently affirmed that the borrower’s use of the 20-year treasury bond rate sufficiently ensured that the total present value of future payments to the lender over the plan period equaled or exceeded the allowed value of the claim.

    A copy of the opinion in Farm Credit Services of America v. William Topp is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Eighth Circuit, Supreme Court of the United States, U.S. Court of Appeals
    Authors:
    Jacob C. VanAusdall
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Second Circuit Picks a Side in Non-Consensual Third-Party Releases in Highly Anticipated Purdue Opinion
    2023-06-09

    Introduction

    Non-consensual third-party releases are provisions in reorganization plans that release non-debtor parties from liability to other non-debtor parties without the consent of all potential claimholders. These releases are frequently included in chapter 11 plans of reorganization. Most circuit courts allow these releases under certain circumstances; however, there is a split among circuit courts as to whether such non-consensual third-party releases are permitted by the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shearman & Sterling LLP, Bankruptcy, Second Circuit, US District Court for the Southern District of New York, U.S. Court of Appeals
    Authors:
    Jacob Mezei
    Location:
    USA
    Firm:
    Shearman & Sterling LLP
    Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing “Good Faith” Under 1112(b) Requires Financial Distress
    2023-02-09

    Executive Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Good faith, Third Circuit, U.S. Court of Appeals
    Authors:
    Ingrid Bagby , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing; “Good Faith” Under 1112(b) Requires Financial Distress
    2023-02-09

    Executive Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Good faith, Third Circuit, U.S. Court of Appeals
    Authors:
    Ingrid Bagby , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    CAFC Wades Into Complex Intersection of Customs and Countervailing Duties
    2023-02-08

    In Acquisition 362 v. United States, the Court of Appeals for the Federal Circuit (CAFC) again waded into the intersection of the AD/CVD law and Customs law. Specifically, the court ruled that a protest of a U.S. Customs and Border Protection (Customs) decision must be filed within 180 days of liquidation. This is not a novel decision, but as always in AD/CVD cases with Customs, the details are crucial.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trade & Customs, Customs, US Customs and Border Protection, Federal Circuit, US Court of International Trade, U.S. Court of Appeals
    Location:
    USA
    The Music Stops on the Texas Two-Step: Third Circuit Dismisses LTL Bankruptcy Case
    2023-02-06

    The United States Court of Appeals for the Third Circuit wasted no time getting the new year off to a roaring start through its ruling in In re LTL Mgmt., LLC, Case No. 22-2003, 2023 WL 1098189 (3d Cir. Jan. 30, 2023). In LTL, the Third Circuit affirmatively dismissed the so-called “Texas Two-Step” by which a solvent corporation had tried to cabin potentially billions of dollars of mass tort liability through an internal corporate restructuring.

    In that ruling, the Third Circuit determined that:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Third Circuit, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Fifth Circuit requires Chapter 15 debtor to litigate in Texas state court
    2023-02-02

    It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15 case outside of the bankruptcy court. This may be due in large part to 28 U.S.C. § 1334(c)(1), an abstention statute applicable in chapter 15 bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Supreme Court of the United States, U.S. Court of Appeals
    Authors:
    Mark D. Sherrill , David A. Wender
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    2nd Circ. Ruling Confirms Equitable Ownership Viability
    2023-02-01

    What does it mean to own something? When should the law acknowledge that somebody really owns something, even if they don't formally own it?

    And when will courts recognize the economic reality that one person — say, a judgment debtor — in truth owns something, notwithstanding that person's painstaking efforts to keep formal legal title in the hands of others?

    The law has long recognized doctrines to disregard the existence, or pierc the veil, of corporate entities to which a debtor has transferred assets.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Omni Bridgeway, Second Circuit, United States bankruptcy court, US District Court for SDNY, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Omni Bridgeway

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