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    Claims Bar Date Creates Trap for Unwary in Reliance Insurance Company Liquidation
    2016-02-25

    Executive Summary

    The Commonwealth Court of Pennsylvania has established March 31, 2016, as the Claims Bar Date in the Reliance Insurance Company Liquidation. Policyholders and claimants may think that if they file a claim on March 31, 2016, the claim will be deemed timely filed. They would be wrong.

    March 30 Is the Key Date

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP, Commonwealth Court of Pennsylvania
    Authors:
    Timothy P. Law , Miranda A. Jannuzzi
    Location:
    USA
    Firm:
    Reed Smith LLP
    Delaware Bankruptcy Judges Expand Boomerang Tube Holding that Professionals Cannot Contract Around Baker Botts v. ASARCO
    2016-02-25

    On February 8, 2016 we reported on the decision of Judge Walrath of the United States Bankruptcy Court for the District of Delaware in 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Disruptive Financial Technology- The Tip of the Iceberg?
    2016-02-25

    Last week, I posted about how Peer-to-Peer lending may be facing some headwinds.

    Filed under:
    USA, Insolvency & Restructuring, Berger Singerman LLP
    Authors:
    Isaac M. Marcushamer
    Location:
    USA
    Firm:
    Berger Singerman LLP
    “Structured Dismissals” within the Tenth Circuit
    2016-02-25
    1. Introduction

    The United States Bankruptcy Court for the District of Utah has published the first opinion within the Tenth Circuit analyzing and authorizing the “structured dismissal” of a chapter 11 case. See In re Naartjie Custom Kinds, Inc., 534 B.R. 416 (Bankr.

    Filed under:
    USA, Utah, Insolvency & Restructuring, Litigation, Holland & Hart LLP, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    FDIC Approves Proposal on Deposit Recordkeeping Requirements in Large Bank Failures
    2016-02-26

    On February 17, the Federal Deposit Insurance Corporation (FDIC) approved a proposal for recordkeeping requirements for FDIC-insured institutions with a large number of deposit accounts to facilitate rapid payment of insured deposits to customers if those institutions were to fail. The proposed rule would apply to insured depository institutions with more than 2 million deposit accounts. Under the proposal, these institutions would generally be required to maintain complete and accurate data on each depositor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Katten Muchin Rosenman LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    The Assumed Contract Chimera
    2016-02-26

    We are often asked what to do if you have an operating agreement and your operator or one of the other working interest owners files for bankruptcy. The Bankruptcy Code allows the debtor to assume or reject the JOA (it is usually an executory contract).

    Filed under:
    USA, Insolvency & Restructuring, Locke Lord LLP
    Authors:
    Philip Eisenberg , Martin Gibson
    Location:
    USA
    Firm:
    Locke Lord LLP
    In re Brunck
    2016-02-26

    (Bankr. S.D. Ind. Feb. 24, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Affirmed: New York’s Application of the In Pari Delicto Doctrine Bars Faithless Servant Claim and Bankruptcy Insider Exception
    2016-02-24

    A recent decision of the United States District Court for the Southern District of New York (the “District Court”), affirming a decision of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), further enforces the application of the in pari delicto doctrine in cases decided under New York law and confirms that exceptions to its application remain extremely limited.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Title 11 of the US Code, US District Court for the Southern District of New York
    Authors:
    John H. Drucker
    Location:
    USA
    Firm:
    Cole Schotz PC
    Debtors Trump Union in 1113 Appeal (Trump the verb, not the Donald)
    2016-02-24

    Determining how to increase or preserve a debtor’s liquidity is crucial to analyzing its deleveraging options. Companies with significant labor liabilities need to explore whether attaining cost savings through rejection of their collective bargaining agreements (CBAs) is a viable alternative.  The decision from the United States Court of Appeals for the Third Circuit in 

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Running Out of Cash? Your Duties and Options for Winding Down
    2016-02-24

    This post originally appeared on In The (Red): The Business Bankruptcy Blog, which I created for CEOs, CFOs, boards of directors, credit professionals, in-house counsel and others to stay informed about important business bankruptcy issues and developments.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cooley LLP, Fiduciary
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP

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