“Sometimes, you can make no mistakes, do everything right, and still lose.”
Captain Jean-Luc Picard, Star Trek: The Next Generation (TNG)
District Court Order Paves the Way for the Republic of Argentina to Return to International Credit Markets
SUMMARY
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A recent ruling of the Seventh Circuit Court of Appeals resulted in an otherwise secured lender’s claim being rendered unsecured because the lender ignored warning signs casting doubt on the debtor’s right to pledge the collateral. In Grede v. Bank of New York Mellon Corp. (In re Sentinel Management Group, Inc.), 2016 U.S. App. LEXIS 284, the debtor was a cash management company. It invested its customers money and held the purchased securities for its customers’ accounts. The debtor also traded on its own account, and borrowed money to do so.
On March 2, 2016, Sports Authority, Inc. (“Sports Authority”) and six of its affiliates filed for Chapter 11 bankruptcy in Delaware. The filing will significantly impact Sports Authority’s landlords and trade creditors. In a press release, Sports Authority stated that it intends to close or sell approximately 140 locations and two distribution centers in the coming months. The company is also seeking $595 million in post-bankruptcy financing to continue operations. Sports Authority is a sporting goods retailer with 463 locations in 41 states and Puerto Rico.
Benjamin M. Hron, Esq., ed. ANATOMY OF A TERM SHEET: SERIES A FINANCING A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or venture capital investors, but in negotiating with experienced investors entrepreneurs are usually at a distinct disadvantage because they are unfamiliar with standard terms. While we strongly suggest entrepreneurs consult their lawyers rather than negotiate a term sheet mono-amono, we know this often doesn’t happen.
Recent court filings highlight the need for health care providers to protect patient privacy by implementing specific procedures when filing claims in bankruptcy cases of their patients, as a matter of federal bankruptcy and other law. Last year, WakeMed, a Raleigh, North Carolina-based health care system, asserted a claim for $553.00 for unpaid medical services in a chapter 13 consumer bankruptcy case.
(6th Cir. B.A.P. Mar. 3, 2016)
As avid blog readers know, we’ve posted extensively on make whole issues, including several articles covering the ongoing make whole litigations in the chapter 11 cases of Energy Future Holdings and its affiliated debtors, which can be found here,
The scenario: You have been injured and PretendCorp is liable to you in the amount of $100,000. PretendCorp has a commercial general liability insurance policy (“CGL”), which covers your claim. The CGL has a $20,000 self-insured retention (“SIR”) clause that states that PretendCorp is to directly pay you before the insurance company is liable for the remaining amount of the claim. PretendCorp files for federal bankruptcy protection and, as a result, is not required to pay the SIR. Is the insurance company still liable for your claim?