Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • 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
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Delaware Bankruptcy Court dismisses Chapter 11 petition of mezzanine borrower as filed in bad faith
    2012-01-24

    The United States Bankruptcy Court for the District of Delaware (the Court) recently granted a motion to dismiss a mezzanine borrower’s chapter 11 bankruptcy petition at the outset of the debtor’s case.1 In In re JER/Jameson Mezz Borrower II, LLC, The Court found that the debtor’s petition had been filed in bad faith because, among other things, a junior mezzanine lender had directed the debtor to file the petition with the intent of hindering a senior mezzanine lender’s foreclosure efforts and without any valid reorganization purpose.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Bad faith, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme
    2017-04-04

    In Czyzewski v. Jevic Holding, 580 U.S. __(2017), decided on March 22, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling reverses the decisions of the U.S. Bankruptcy Court for the District of Delaware, the U.S. District Court for the District of Delaware, and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Unsecured debt, Consent, Leveraged buyout, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Rudolph J. Di Massa, Jr. , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    In re Millennium Lab Holdings: “All We Are Saying Is Give Nonconsensual Third-Party Releases a Chance”
    2018-09-24

    District Court Confirms Bankruptcy Court’s Constitutional Authority to Approve Millennium Plan Releases, Dismisses as Equitably Moot Opt-Out Lenders' Remaining Issues on Appeal

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, US Department of Justice, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Sticking it to the IRS - Judge Rules IRS Code Interest Rate does not Trump Interest Rate in Confirmed Plan
    2017-11-22

    If, like me, you have ever scratched your head in confusion while preparing your taxes and thought to yourself – “I can’t believe the IRS takes such an absurd position on xyz tax exemption I want to use – who comes up with these crazy positions?” – then you might take some pleasure in a recent opinion from Judge Gross of the United States Bankruptcy Court for the District of Delaware calling an argument made by the IRS “strained and a bit confusing.” You read that right.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Tax exemption, Internal Revenue Service (USA), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation
    2016-08-08

    In the November/December 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the District of Delaware addressing the meaning of “unreasonably small capital” in the context of constructively fraudulent transfer avoidance litigation. In Whyte ex rel. SemGroup Litig. Trust v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Conflict of laws, Debtor, Unsecured debt, Fraud, Interest, Federal Reporter, Debt, Conveyancing, Cashflow, Title 11 of the US Code, Third Circuit, Seventh Circuit, US District Court for District of Delaware, Trustee
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
    2018-02-02

    Courts disagree as to whether the amount that a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP" ) can recover in fraudulent transfer avoidance litigation should be capped at the total amount of unsecured claims against the estate. A Delaware bankruptcy court recently weighed in on this issue in PAH Litigation Trust v. Water Street Healthcare Partners, L.P. (In re Physiotherapy Holdings, Inc.), 2017 WL 5054308 (Bankr. D. Del. Nov. 1, 2017). Noting the absence of any guidance on the question from the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Debtor in possession, Title 11 of the US Code, Federal Deposit Insurance Corporation (USA), United States bankruptcy court, US District Court for District of Delaware, US District Court for SDNY
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Lease Profit-Sharing Provision Unenforceable Condition to Assignment in Bankruptcy
    2018-02-02

    In Antone Corp. v. Haggen Holdings, LLC (In re Haggen Holdings, LLC), 2017 WL 3730527 (D. Del. Aug. 30, 2017), the U.S. District Court for the District of Delaware considered whether, as part of a bankruptcy asset sale, a chapter 11 debtor could assume and assign a nonresidential real property lease without giving effect to a clause in the lease requiring the debtor to share 50 percent of any net profits realized upon assignment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, US District Court for District of Delaware
    Authors:
    Isel M. Perez
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
    2017-11-22

    In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority to grant nonconsensual third-party releases in an order confirming the chapter 11 plan of laboratory testing company Millennium Lab Holdings II, LLC ("Millennium"). In so ruling, the court rejected an argument made by a group of creditors that a provision in Millennium’s plan releasing racketeering claims against the debtor’s former shareholders was prohibited by the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Federal Reporter, Limited liability company, Subject-matter jurisdiction, SCOTUS, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Singapore, U.K., Delaware, and New York Courts Adopt Guidelines for Communication and Cooperation Between Courts in Cross-Border Insolvency Matters
    2017-05-31

    On February 1, 2017, the Supreme Court of Singapore and the U.S. Bankruptcy Court for the District of Delaware announced that they had formally implemented Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (the "Guidelines"). The U.S. Bankruptcy Court for the Southern District of New York adopted the Guidelines on February 17, 2017.

    Filed under:
    Singapore, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Stakeholder (corporate), Liquidator (law), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Corinne Ball , Sushma Jobanputra , Ben Larkin
    Location:
    Singapore, United Kingdom, USA
    Firm:
    Jones Day
    In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief
    2016-12-02

    In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what it perceived to be a flaw in the approach that many courts apply to motions for relief from the automatic stay.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Surety, Debtor, Breach of contract, Legal burden of proof, Title 11 of the US Code, Second Circuit, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 54
    • Page 55
    • Page 56
    • Page 57
    • Page 58
    • Page 59
    • Current page 60
    • Page 61
    • Page 62
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days