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    Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States
    2011-07-06

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Personal jurisdiction, Legal burden of proof, Liquidation, Prima facie, US Congress, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Protecting the ordinary course of business defense
    2011-07-15

    Imagine a scenario in which you have a long standing relationship with an important customer and you learn that this customer is running into financial difficulties. In the current economic cycle, this is probably not a hypothetical, but, rather, an everyday reality. During the course of the relationship, this important customer has from time to time fallen behind in paying invoices and has even reached or exceeded the credit limits your company has imposed on this customer.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Faegre Drinker Biddle & Reath LLP, Bankruptcy, Credit (finance), Debtor, Debt, Cashflow, Preferred stock, US District Court for District of Delaware
    Authors:
    Howard A. Cohen
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    An update on the Deb Shops bankruptcy
    2011-07-14

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail, Credit (finance), Landlord, Leasehold estate, Market liquidity, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    In re Boy Scouts of America and Delaware BSA, LLC: Delaware District Court Affirms Bankruptcy Court’s Approval of Third-Party Releases, in Conflict with Southern District of New York District Court in Purdue
    2023-05-02

    On March 28, 2023, the United States District Court for the District of Delaware (the “District Court”) rendered an opinion (the “Opinion”)1 affirming the confirmation order of Laurie S.

    Filed under:
    USA, Delaware, Company & Commercial, 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 , Paul E. Heath , George R. Howard , Lauren R. Kanzer , Jessica C. Peet , Bradley Foxman , Katherine Drell Grissel , Kristie Torkildsen Duchesne
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    In re Boy Scouts of America and Delaware BSA, LLC
    2023-05-02

    On March 28, 2023, the United States District Court for the District of Delaware (the “District Court”) rendered an opinion (the “Opinion”)1 affirming the confirmation order of Laurie S.

    Filed under:
    USA, Delaware, Company & Commercial, 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 , George R. Howard , Bradley Foxman , Katherine Drell Grissel , Kristie Torkildsen Duchesne
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    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
    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
    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
    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
    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

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