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    Idaho Department of Finance wins court-appointed examiner in DBSI bankruptcy to probe $2 billion in allegedly fraudulent transactions
    2009-03-17

    WILMINGTON, Del. – The State of Idaho’s Department of Finance has won approval for a court-appointed examiner in the closely watched bankruptcy proceedings of DBSI, Inc., an Idaho-based investment firm. Judge Peter Walsh of the U.S. Bankruptcy Court for the District of Delaware has given the examiner the authority to probe $2 billion in allegedly fraudulent securities transactions made by DBSI. The scheme involved more than 12,000 investors and 270 properties throughout the country.

    Filed under:
    USA, Idaho, Insolvency & Restructuring, Litigation, White Collar Crime, Potter Anderson & Corroon LLP, Bankruptcy, Security (finance), Fraud, Limited liability partnership, Investment company, Power of attorney, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    West Coast Life adds claims to stranger-owned life insurance complaint
    2009-03-20

    On March 12, West Coast Life Insurance Co. added civil conspiracy and several violations of Florida law to a complaint alleging that an investment company, several insurance brokers and individual policyholders engaged in an illegal stranger-owned life insurance (STOLI) scheme. The amended complaint alleges that Park Venture Advisors masterminded and implemented the plan, which involved the sale of individual life insurance policies to private investors, while Wells Fargo Delaware Trust Co.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Interest, Limited liability company, Life insurance, Angel investor, Investment company, Conspiracy (civil), Brokerage firm, Wells Fargo, Trustee, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Third Circuit elaborates on non-statutory insiders
    2009-03-31

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Credit (finance), Debtor, Broadband networks, Fair market value, Refinancing, Line of credit, Subsidiary, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Chapter 11 permits cramdown of existing loans
    2009-03-27

    As a result of the meltdown of the financial markets, lenders are severely constricting new credit facilities and refusing to renew expiring facilities. The Bankruptcy Code's chapter 11 provides a powerful mechanism for an otherwise viable business to restructure and extend its outstanding debt and in many cases, reduce interest rates on loan facilities.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Discrimination, Interest, Option (finance), Debt, Line of credit, Secured loan, United States bankruptcy court
    Authors:
    Dylan G. Trache , H. Jason Gold
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Since Chapter 11 is a likely doomsday scenario, let’s create Chapter 10
    2009-03-26

    Much is being written about the significant losses suffered by automobile suppliers to both the domestic and transplant automobile manufacturers. These losses are creating alarm among many others, including the OEMs themselves, according to Dave Hannon at Purchasing Magazine.

    Filed under:
    USA, Insolvency & Restructuring, Dykema Gossett PLLC, Bankruptcy, Debtor, Accounts receivable, Supply chain, US Congress, Title 11 of the US Code
    Authors:
    Ronald L. Rose
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Court orders the rehabilitation proceeding of insurer terminated
    2009-03-26

    Hudson, the Superintendent of the Ohio Department of Insurance, in her capacity as Rehabilitator of Colonial Insurance Company (“Colonial”), brought an application for an order, which was subsequently granted, terminating the rehabilitation proceeding of Colonial, authorizing the transfer of funds to the Ohio Department of Commerce, discharging and releasing the Rehabilitator, authorizing the final accounting, authorizing the closing of the estate and the dissolving of the corporate entity, approving the destruction of certain books and records, approving abandonment of physical assets, aut

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Accounting, Insurance commissioner
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Recent significant commercial bankruptcy filings
    2009-03-23

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BANKRUPTCY REFORM

    House panel holds hearing on Circuit City liquidation; questions if BAPCPA to blame.  

    AUTOMOTIVE  

    Monaco Coach Corp. files Chapter 11 in Delaware.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Liquidation, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Commingling of identities held insufficient to pierce corporate veil
    2009-03-20

    The United States Bankruptcy Court for the Middle District of Pennsylvania recently found that a bankruptcy trustee could not either pierce the corporate veil of a limited liability company to reach the owners of the LLC, nor could the trustee “reverse-pierce” the corporate veil of the owners of the LLC to reach a separate restaurant business that they owned.

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Credit card, Bankruptcy, Fraud, Limited liability company, Debt, Westlaw, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy in the auto industry: tips to protect your company
    2009-04-07

    While uncertainties loom around the auto industry, suppliers and OEMs can try to prepare for the road the lies ahead.

    Filed under:
    USA, Insolvency & Restructuring, Bricker & Eckler LLP, Bond (finance), Bankruptcy, Letter of credit, Credit (finance), Dividends, Accounts receivable, Supply chain, Bailout, Troubled Asset Relief Program, US Federal Government, General Motors, Chrysler, Title 11 of the US Code, Uniform Commercial Code (USA)
    Authors:
    Andria M. Beckham
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Recent significant commercial bankruptcy filings
    2009-04-06

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AEROSPACE  

    Fairchild Corp., 60 affiliates, file Chapter 11 petition; Phoenix Group is stalking horse.  

    CHEMICALS

    Chemtura Corp., 26 affiliates, file Chapter 11 petition.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

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