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    Bankruptcy’s automatic stay does not shield a debtor who tortiously uses his property
    2012-07-16

    To a business litigator, the bankruptcy debtor’s most effective weapon is often the automatic stay, which is commonly used – or abused, depending on the perspective – to, inter alia, stay all pending litigation against the debtor and keep him in sole control of an asset, despite seeming abuses of that control.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Contempt of court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Recent bankruptcy court decisions affecting counterparties to open or terminated derivative contracts with Lehman Brothers entities
    2009-09-23

    On September 17, 2009 Judge Peck of the United States Bankruptcy Court for the Southern District of New York issued two orders that may significantly impact parties who held, or still currently hold, derivative contracts with Lehman Brothers Special Financing Inc. (LBSF) or any of the other debtors in the Lehman Brothers bankruptcy cases (the Debtors).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Swap (finance), Motion to compel, Mediation, Good faith, Default (finance), Bankruptcy of Lehman Brothers, Title 11 of the US Code, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Now You See It, Now You Don’t - The Search for “Unreasonably Small Capital”
    2016-05-10

    In a decision last month in Whyte v. SemGroup Litig. Trust (In re Semcrude L.P.), No. 14-4356, 2016 U.S. App. LEXIS 7690 (3d Cir. Apr. 28, 2016), the United States Court of Appeals for the Third Circuit held that proving that a debtor was left with unreasonably small capital will not turn on either hindsight or a “speculative exercise” based on what might have happened if certain things were known at the time.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Third Circuit
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    All contract Provisions Contribute to the Intent of the Parties
    2016-01-25

    We all know that courts want to read contracts as a whole to effectuate the intent of the parties.  This case provides a textbook illustration of the principle.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Don’t forfeit your right to demand default rate interest!
    2015-10-05

    Is a debtor required to pay default rate interest when it reinstates a loan under a plan of reorganization? According to a recent Eleventh Circuit Court of Appeals decision, In re Sagamore Partners, Ltd., 2015 U.S. App. LEXIS 15382 (Aug. 31, 2015), the answer depends upon the underlying loan documents and applicable non-bankruptcy law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Interest, Default (finance), Eleventh Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Substance triumphs over form in American Housing Foundation
    2015-06-08

    Section 510(b) of the Bankruptcy Code permits the subordination of certain claims to all claims or interests senior or equal to the security on which the claim is based. A recent Fifth Circuit opinion delineates the scope of mandatory subordination under Section 510(b).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Limited partnership
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Jacobs v. Terpitz: entering into a partnership constitutes “minimum contacts”
    2015-03-13

    Since the Supreme Court’s decision in Stern v.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal jurisdiction, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Banks take a risk in freezing a debtor’s account during chapter 7 proceedings
    2015-01-14

    Introduction

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg , Stephen D. Lerner , Jeff Cole
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Oral argument postponed in Detroit bankruptcy appeal
    2014-07-30

    As we expected might happen in light of the Court’s previous order, the parties in the Detroit bankruptcy appeal agreed to postpone oral argument.  In a letter to the parties, however, Judge Gibbons wrote that the appeals should be resolved before near the beginning of the hearing on the confirmation

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs

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