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    Bankruptcy court reinforces the notion that counting the number of eligible creditors commencing an involuntary case really counts
    2015-07-23

    While commencing a bankruptcy case is most commonly undertaken voluntarily by the debtor itself, the Bankruptcy Code gives certain creditors authority to force certain entities into chapter 11 or 7 bankruptcy.  Unfortunately for the unwilling chapter 11 or 7 debtor, so long as petitioning creditors meet the statutory requirements to commence an involuntary case, the would be debtor will have no choice but to resolve itself under the Bankruptcy Code.  This was the fate of the debtor in 

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Senators introduce automobile-focused cybersecurity legislation
    2015-07-23

    On July 21, Senators Blumenthal (D-CT) and Markey (D-MA) introduced legislation, the Security and Privacy in Your Car Act (“SPY Car”Act), that would protect drivers’ privacy while allowing them to remain connected to the growing technological advances in the automobile industry.

    Filed under:
    USA, Insolvency & Restructuring, Shipping & Transport, Orrick, Herrington & Sutcliffe LLP, Computer security
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Second Circuit affirms dismissal of involuntary bankruptcy case because of creditors’ legitimately disputed claims
    2015-07-23

    A bankruptcy court must dismiss a creditor’s involuntary bankruptcy petition when the debtor has raised a “legitimate basis” for disputing the petitioning creditor’s underlying claim, held the U.S. Court of Appeals for the Second Circuit on July 14, 2015. In re TPG Troy, LLC, 2015 WL 4220619, at *5 (2d Cir. July 14, 2015). The Second Circuit also affirmed the bankruptcy court’s award of $513,427 in attorney’s fees and costs to the vindicated debtor under Bankruptcy Code (“Code”) Section 303(i)(1). Id. at *6.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Second Circuit, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    State AGs demand changes to bankrupt RadioShack’s use of customer data
    2015-07-23

    Last month, bankrupt company RadioShack settled with a coalition of seventeen attorneys general to destroy most of the company’s customer data in its files. The agreement was part of a Bankruptcy Court-approved $26.2 million sale of RadioShack’s assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Bankruptcy, Personally identifiable information
    Authors:
    Laurie Lai
    Location:
    USA
    Firm:
    Hogan Lovells
    A tale of two residences
    2015-07-24

    We had a dream we’d go trav’lin’ together
    We’d spread a little lovin then we’d keep movin’ on
    Trav’lin’ along there’s a song that we’re singin’,
    C’mon get happy
    A whole lotta lovin’ is what we’ll be bringin’,
    We’ll make you happy,
    We’ll make you happy

    (from “C’Mon Get Happy”)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Divided Ninth Circuit directs review of lender’s appeal from cramdown order
    2015-07-24

    A lender’s appeal from an order confirming a Chapter 11 debtor’s cramdown reorganization plan is not equitably moot when the lender “diligently sought a stay” and the court could grant effective relief, held the U.S. Court of Appeals for the Ninth Circuit on July 1, 2015. In re Transwest Resort Properties, Inc., 2015 WL 3972917, at *1 (9th Cir. July 1, 2015) (2-1).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Ninth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Corporate Resource Services, Inc. and seven affiliates file chapter 11 petitions as part of ongoing wind down
    2015-07-24

    On July 23, 2015, Corporate Resource Services, Inc. and 7 affiliates filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The cases are docketed as case no. 15-11546, and are assigned to The Honorable Mary F. Walrath.  The filing appears to be the final steps in an orderly wind down of the companies that began in February, 2015.

    Filed under:
    USA, Insolvency & Restructuring, Morris James LLP
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    The Detroit bankruptcy: two years later
    2015-07-24

    July 18, 2015 was the second anniversary of the City of Detroit's filing for bankruptcy. This action was taken by the City's Emergency Manager Kevyn Orr, with the support of Michigan's Governor Rick Snyder. But, with the exception of Detroit's corporate leadership, it was fiercely resisted by virtually all other interested parties, including political leaders, public employees, holders of the City's debt obligations as well as virtually all commentators in the media.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Public, Jones Day
    Authors:
    Stephen J. Brogan (Steve)
    Location:
    USA
    Firm:
    Jones Day
    Defunct FCM MF Global to pay unsecured creditors up to 95% of their allowed claims
    2015-07-26

    Unsecured general creditors of defunct MF Global, Inc. (other than those of its parent company MF Global Holdings Ltd.) will receive a final payment from the firm, giving them a total recovery of 95 percent of their approved claims, under a proposal made last week by the overseers of the liquidation of the firm and its parent company.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP
    Authors:
    Gary DeWaal
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Structured dismissal of chapter 11 cases and the involuntarily subordinated creditor: Official Comm. of Unsecured Creditors v. CIT Group/Bus. Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015)
    2015-07-27

    The United States Court of Appeals for the Third Circuit plays a uniquely important role in the development of the bankruptcy laws.  The liberal venue rule for bankruptcy cases set out in 28 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Debtor, Third Circuit
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP

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