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    Going Once, Going Twice: Avoiding a Prepetition Foreclosure Sale in Chapter 11
    2018-10-22

    Among the many protections afforded creditors under the Bankruptcy Code is the estate’s ability to avoid transfers made before the petition date that benefit certain creditors at the expense of others. These so-called avoidance actions are primarily governed by Sections 544, 547 and 548 of the Bankruptcy Code, which set forth the requirements for challenging prepetition transfers as preferential or fraudulent.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress, Supreme Court of the United States, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Environmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issue
    2018-04-06

    There are unique and competing interests between the United States Bankruptcy Code1 and federal and state environmental laws. One of the primary purposes of the Bankruptcy Code is to allow a debtor to have a "fresh start." On the other hand, environmental laws are intended to require responsible parties to comply with environmental standards for the protection of human health and the environment. As a result of these competing interests, there has been extensive litigation related to the interplay between the bankruptcy and environmental regimes.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, K&L Gates LLP, US Environmental Protection Agency, United States bankruptcy court, Third Circuit, Sixth Circuit, US District Court for the Southern District of New York, First Circuit, US District Court for Western District of Pennsylvania
    Authors:
    Dawn M. Lamparello , Sven T. Nylen , Emily S. Tabak
    Location:
    USA
    Firm:
    K&L Gates LLP
    A Pending Supreme Court Ruling Can’t Create a Claim that Doesn’t Currently Exist
    2017-09-18

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, US District Court for Western District of Pennsylvania
    Authors:
    Tuvia Peretz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Proceeds of D&O policy are not property of the estate despite entity coverage
    2007-07-20

    In two related actions, the United States Bankruptcy Court for the District of Delaware ruled that the proceeds of a D&O policy are not property of the debtor's estate and refused to grant an injunction requested by a trustee to prevent the directors and officers from consummating a settlement that would exhaust the policy limits.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Debtor, Injunction, Board of directors, Standing (law), Trustee, United States bankruptcy court, US District Court for District of Delaware, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy Court recommends confirmation of NARCO and GIT Chapter 11 plans
    2007-10-08

    Decision determines that silica trust and channeling injunction are appropriate under Third Circuit standards.

    On September 24, 2007, the U.S. Bankruptcy Court for the Western District of Pennsylvania issued an opinion recommending confirmation of the Chapter 11 plans of North American Refractory Company (NARCO) and Global Industrial Technologies, Inc. (GIT). The decision caps a five-and-a-half-year reorganization for the Pittsburgh, Pennsylvania-based family of industrial companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Injunction, Discovery, Honeywell, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Third Circuit to hear bankruptcy appeal
    2007-12-19

    The United States Court of Appeals for the Third Circuit, which has a track record of deciding major asbestos-bankruptcy issues, will hear the appeal of Hartford Accident & Indemnity Co. et al. v. American Capital Equipment, LLC et al. (In re American Capital Equipment, LLC et al.), No. 07-2546 (3d Cir.). This case presents issues regarding an insurer's ability to challenge a pre-packaged bankruptcy filed by policyholders solely to reach insurance proceeds, including whether such a filing is subject to dismissal for "bad faith" under the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Standing (law), Bad faith, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Financial executive becomes first Le-Nature employee to face criminal prosecution for fraud
    2008-07-16

    According to press reports, Tammy Andreycak, a former director of accounting at Le-Nature’s Inc., recently pleaded guilty to multiple fraud charges in the United States District Court for the Western District of Pennsylvania. The charges included bank fraud, wire fraud, conspiracy and filing false income-tax returns, all allegedly taking place between 2003 and 2006. Andreycak is the first person to be prosecuted in the fraudulent scheme alleged to have occurred at Le-Nature’s.

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Locke Lord LLP, Bankruptcy, Fraud, Income tax, Accounting, Entrepreneurship, Bank fraud, Conspiracy (criminal), Mail and wire fraud, American International Group, Chief executive officer, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Locke Lord LLP
    Insurers denied standing in plan confirmation; court allows channeling injunction for silica claims and assignment of policies to trust
    2008-08-11

    The United States District Court for the Western District of Pennsylvania has affirmed two final orders of the bankruptcy court finding that (1) the debtor's insurers lacked standing to object to confirmation of the bankruptcy plan; (2) a channeling injunction for silica claims was appropriately included in the debtor's plan; (3) an assignment of the debtor's rights under its insurance policies to the personal injury trust was authorized by bankruptcy law; and (4) the debtor's reorganization plan was confirmable under the Bankruptcy Code. Hartford Accident & Indemnity Co. v.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Injunction, Federal Reporter, Standing (law), Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP

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