Skip to main content
Home
Enter a keyword

Main navigation

Menu
  • US Law
  • Regions
    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America
  • Headlines
  • Education Resources
    • ABI Committee Articles
    • ABI Journal Articles
    • Covid 19
    • Conferences and Webinars
    • Newsletters
    • Publications
  • Firm Articles
  • About Us
    • ABI International Board Committee
    • ABI International Member Committee Leadership
  • Join ABI

Sanofi v. Mallinckrodt: Delaware Decision Highlights Importance of Asset Sale Structures in Later Bankruptcy Proceedings
2023-01-23

In Sanofi-Aventis U.S. LLC v. Mallinckrodt PLC,1 the United States District Court for the District of Delaware ruled that a debtor that purchased intellectual property under a prepetition asset purchase agreement could continue to retain and use the property post-confirmation while discharging its obligations to pay any future royalties otherwise owed. The decision highlights the importance of structuring transactions up-front to minimize the consequences of future bankruptcies.

Background

Filed under:
USA, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, United States bankruptcy court, US District Court for District of Delaware
Authors:
David S. Meyer , William L. Wallander , Steven M. Abramowitz , Katherine Drell Grissel
Location:
USA
Firm:
Vinson & Elkins LLP
View Original Article
Cayman investment company obtains Chapter 15 protection in the United States
2010-02-19

The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.

Recognition of the liquidation as foreign main proceedings provides for an automatic stay of proceedings with respect to any assets of SIFCO5 within the United States, amongst other things.

Filed under:
Cayman Islands, USA, Delaware, Insolvency & Restructuring, Litigation, Harneys, Interest, Limited liability partnership, Liquidation, Investment company, Liquidator (law), Title 11 of the US Code, Bear Stearns, United States bankruptcy court, US District Court for District of Delaware
Location:
Cayman Islands, USA
Firm:
Harneys
View Original Article
Delaware District Court: Using Contract Rights to Strategic Advantage Not Grounds for Equitable Subordination in Bankruptcy
2022-12-05

When lenders use an aggressive strategy to deal with a financially troubled borrower that ultimately files for bankruptcy protection, stakeholders in the case, including chapter 11 debtors, trustees, committees, and even individual creditors or shareholders, frequently pursue causes of action against the lenders in an effort to augment or create recoveries.

Filed under:
USA, Delaware, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, US Securities and Exchange Commission, US District Court for District of Delaware
Authors:
Oliver S. Zeltner , Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
Energy future judge sets bar date for unmanifested asbestos claims
2015-02-02

On January 7, the Bankruptcy Court for the District of Delaware issued an opinion that may have far reaching effects on cases involving asbestos liability.  Companies with potential asbestos liability, and actual and potential asbestos claimants, would be well advised to consider the Court’s opinion.

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Squire Patton Boggs, US District Court for District of Delaware
Authors:
Kristin E. Richner
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Delaware bankruptcy court’s Pillowtex decision favors preference defendant relying on subsequent new value defense
2009-10-20

The October 15, 2009 decision of the US Bankruptcy Court for the District of Delaware in In re Pillowtex opens the door for creditors in the Third Circuit to increase their "new value" preference defense under the "subsequent advance" approach.In re Pillowtex, No. 03-12339 (Bankr. D. Del. filed Oct. 15, 2009).

A trustee’s power to avoid preference payments is circumscribed by the statutory defenses set forth in section 547(c) of the Bankruptcy Code. The "subsequent new value" defense set forth in section 547(c)(4) has three well-established elements:

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Federal Reporter, Westlaw, Third Circuit, US District Court for District of Delaware
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
An Original Signature Means an Original Signature - Attorney Sanctioned Over the Use of DocuSign Signatures
2016-10-26

In a recent memorandum decision, Judge Robert S. Bardwil of the United States Bankruptcy Court for the Eastern District of California sanctioned a Sacramento attorney and ordered him to complete a local e-filing course because he did not maintain copies of filed documents that included the original “wet” signature.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Customs, Electronic signature, Constitutional amendment, United States bankruptcy court, US District Court for District of Delaware, US District Court for Northern District of Illinois, US District Court for Eastern District of California
Authors:
Travis A. McRoberts
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Bankruptcy Court Gives And Then Takes Away In Latest Stern-Related Ruling
2019-04-05

What are the limits of a bankruptcy court’s authority to issue final orders and judgments? Does a bankruptcy court have authority under Article III of the U.S. Constitution to enter final orders in quintessential bankruptcy matters such as fraudulent transfer claims, or are the court’s powers more constrained? While the Supreme Court’s rulings in Stern v. Marshall, 546 U.S. 462 (2011), Executive Benefits Ins. Agency v. Arkison, 573 U.S. 25 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S. Ct.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS, United States bankruptcy court, US District Court for District of Delaware
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Did Jevic Doom Future Chapter 11 Recovery Efforts By Unsecured Creditors?
2018-12-03

A majority of today’s large Chapter 11 cases are structured as quick Section 363 sales of all the debtor’s assets followed by confirmation of a plan of liquidation, dismissal of the case, or a conversion to a Chapter 7. The purchaser in the sale is often one of the debtor’s prepetition secured or undersecured lenders, which may also act as the debtor-inpossession (DIP) lender and purchase the debtor’s assets through a credit bid, with no cash consideration.

Filed under:
USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Secured creditor, Debtor in possession, Worker Adjustment and Retraining Notification Act 1988 (USA), Internal Revenue Service (USA), SCOTUS, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
Authors:
Norman N. Kinel , Nava Hazan
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Bankruptcy Venue Reform: Are The District of Delaware And The Southern District Of New York At Risk?
2018-04-23

How real is the threat to the District of Delaware and the Southern District of New York as the prime venue choices for corporate Chapter 11 bankruptcy cases? It appears that both are safe, at least for now.

Filed under:
USA, Delaware, New York, Insolvency & Restructuring, Squire Patton Boggs, US District Court for District of Delaware, US District Court for SDNY
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Imposing a Constructive Trust in Bankruptcy Cases: Federal Common Law Triumphs!
2018-03-27

When creditors are left holding the bag after providing valuable goods or services to a company that files for bankruptcy relief, they often feel misused and that an injustice has occurred. After all, they are legitimately owed money for their work or their product, and the debtor has in effect been unjustly enriched because it received something for nothing. Unsecured creditors do not have recourse to collateral, and typically have to wait in line to receive cents on the dollar.

Filed under:
USA, Delaware, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Projects & Procurement, Squire Patton Boggs, US Department of Energy, US District Court for District of Delaware
Authors:
Elliot M. Smith
Location:
USA
Firm:
Squire Patton Boggs
View Original Article

Pagination

  • Current page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
  • Page 6
  • Page 7
  • Page 8
  • Page 9
  • …
  • Next page ››
  • Last page Last »

Footer menu

  • Publications
  • Newsletters
  • ABI International Board Committee

© 2022 Global Insolvency, All Rights Reserved