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    Delaware Chancery Court holds that creditor plaintiffs in derivative suits may satisfy standing requirement by showing corporation’s insolvency at time of suit, regardless of later solvency
    2015-05-26

    In Quadrant Structured Products Co., Ltd. v. Vertin, C.A. No. 6990-VCL, 2015 WL 2062115 (Del. Ch.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Shareholder, Standing (law), Credit derivative, Delaware Court of Chancery
    Authors:
    John P. Stigi III , Andrea N. Feathers
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Bankruptcy—powers of bankruptcy courts
    2015-05-26

    Wellness International Network, Ltd. v. Sharif, No. 13-935 (previously described in the July 1, 2014, Docket Report)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, United States bankruptcy court
    Authors:
    Thomas S. Kiriakos , Brian Trust , Lauren R. Goldman
    Location:
    USA
    Firm:
    Mayer Brown
    Firm team wins Supreme Court victory for wellness international
    2015-05-26

    On May 26, 2015, the U.S. Supreme Court ruled in favor of the firm’s client Wellness International Network, reversing a Seventh Circuit decision that held that Article III of the Constitution was violated when litigants consented to the entry of judgments by bankruptcy courts on what have come to be known as “Stern” claims.  In siding with arguments made by Partner Catherine L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Article III US Constitution, Supreme Court of the United States, Seventh Circuit
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Springtime is Stern time
    2015-05-26

    On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest “progeny of Stern” ruling on the adjudicative authority of the bankruptcy courts.  In a 6-3 decision the Court held that  “Our precedents make clear that litigants may validly consent to adjudication by the bankruptcy courts.” Wellness Int’l Network, Ltd. v. Sharif __ U.S. __ (May 26, 2015).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kane Russell Coleman Logan PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Avoiding make-whole premiums and calculating cram down interest rates: what lenders and borrowers need to know about the appellate ruling in Momentive
    2015-05-26

    The senior secured note holders recently lost their appeal of the bankruptcy court's decision confirming Momentive's chapter 11 plan.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Arnold & Porter
    Authors:
    Evan C. Hollander , David S. Berg , Charles A. Malloy , Rosa J. Evergreen , David J. Valeck , Kevin J. Lavin
    Location:
    USA
    Firm:
    Arnold & Porter
    Bankruptcy trustees not entitled to injunctive relief that would give them priority to D&O policy proceeds
    2007-05-15

    The United States Bankruptcy Court for the District of Massachusetts has denied injunctive relief requested by two bankruptcy trustees seeking to stay the prosecution and settlement of shareholder actions proceeding against various former officers and directors of a bankrupt corporation. In re Enivid, 2007 WL 806627 (Bankr. D. Mass. Mar. 16, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Debtor, Injunction, Security (finance), Breach of contract, Class action, Fiduciary, Board of directors, Preliminary injunction, Liquidation, US Code, Trustee, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court rules that a debtor has no absolute right to convert from Chapter 7 to Chapter 13
    2007-05-15

    In a recent decision, Marrama v. Citizens Bank of Massachusetts1, the United States Supreme Court considered whether a debtor has an absolute right under Section 706(a) of the Bankruptcy Code to convert a case to Chapter 13, clarifying a growing split among circuits as to whether the debtor’s bad faith conduct prior to his proposed conversion results in the forfeiture of the debtor’s right to convert.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Debtor, Waiver, Debt, Liquidation, Bad faith, Asset forfeiture, Bankruptcy discharge, US Code, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Supreme Court rules that federal bankruptcy law does not prohibit an unsecured creditor from recovering postpetition attorney’s fees authorized by an enforceable prepetition contract
    2007-05-14

    On March 20, 2007, the United States Supreme Court ruled in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., case docket no. 127 S.Ct. 1199 (2007), that federal bankruptcy law does not preclude an unsecured creditor from obtaining attorney’s fees authorized by a valid prepetition contract and incurred in postpetition litigation. In reaching this decision, the Supreme Court overruled the Ninth Circuit Court of Appeal’s ruling in Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Surety, Unsecured debt, Federal Reporter, Default (finance), Attorney's fee, Unsecured creditor, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case
    Second Circuit expands standard for approval of a settlement under Bankruptcy Rule 9019
    2007-05-14

    In Motorola, Inc. v. Official Committee of Unsecured Creditors (In re Iridium Operating LLC, 478 F.3d 452 (2d Cir. 2007), the Second Circuit held that the most important factor for a bankruptcy court to consider in approving a pre-plan settlement pursuant to Bankruptcy Rule 9019 is whether the settlement’s distribution scheme complies with the Bankruptcy Code’s priority scheme. Prior to this ruling, courts in the Second Circuit generally considered the following factors when approving settlement agreements:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Unsecured debt, Security (finance), Interest, Federal Reporter, Limited liability company, JPMorgan Chase, Motorola, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Tennessee court changes foreclosure notice procedures
    2007-05-31

    Summary: A recent Tennessee case requires secured lenders to verify the debtor's receipt of the notice of a foreclosure sale of personal property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Credit (finance), Debtor, Collateral (finance), Personal property, Foreclosure, Statutory damages, Secured loan, American Bankers Association, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC

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