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    Seventh Circuit makes life tougher for directors with conflicts
    2011-04-27

    In a decision released on March 29, 2011, CDX Liquidating Trust v. Venrock Assocs., et al., 2011 U.S. App. LEXIS 6390 (7th Cir. March 29, 2011), the United States Court of Appeals for the Seventh Circuit, reversing the district court’s ruling, held that a director’s disclosure of a conflict, in and of itself, is insufficient to protect that director from liability for breach of fiduciary duty or disloyalty arising from that conflict.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Conflict of interest, Corporate governance, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Interest, Venture capital, Liquidation, Preferred stock, Bridge loan, Seventh Circuit
    Authors:
    Stephen D. Lerner , Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit joins Ninth in permitting general unsecured creditors to include attorneys’ fees as part of their claim
    2010-04-28

    In Ogle v. Fidelity & Deposit Co. of Maryland, 586 F.3d 143 (2d Cir. 2009), the Second Circuit has now become the second circuit court of appeals to recently conclude that general unsecured creditors may include postpetition attorneys’ fees as part of their claim when attorneys’ fees are permitted by contract or applicable state law.11

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Debtor, Unsecured debt, Federal Reporter, Concession (contract), Default (finance), Attorney's fee, Unsecured creditor, Second Circuit, United States bankruptcy court, Trustee
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Lehman Brothers holdings' bankruptcy has international ramifications
    2008-09-25

    As you are undoubtedly aware, the September 15 Chapter 11 bankruptcy filing in New York by Lehman Brothers Holdings, Inc. (LBHI) represents the single largest insolvency proceeding in US history. With assets and liabilities of more than US$639 billion, the LBHI filing dwarfs the previously largest US bankruptcies. The filing comes at a time of significant destabilization in US capital markets and has global ramifications. In an effort to keep our clients abreast of the LBHI situation, we are providing the following general update of significant events in the proceedings:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debtor, Security (finance), Investment banking, Liability (financial accounting), Liquidation, Broker-dealer, Brokerage firm, Barclays, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Digging for Help Part 2: Additional Key Issues in Metals Exploration Bankruptcies
    2016-02-29

    Last week, we discussed the complexities of metals exploration chapter 11 bankruptcy cases and addressed several of the notable issues that arise in those cases. The discussion of significant issues continues below.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor, Right of first refusal
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Creditors be forewarned: involuntary petitions carry substantial risk
    2015-12-07

    In a prior post, we explored the risks of utilizing an involuntary bankruptcy petition as a litigation tactic.  That post examined a July 2015 decision from the Second Circuit Court of Appeals in the TPG Troy LLCbankruptcy case, in which the court held that when an involuntary bankruptcy petition is dismissed there is a presumption that costs and fees will be awarded irre

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Equitable mootness in the Third Circuit: dead or alive?
    2015-08-04

    The recent decision of the United States Court of Appeals for the Third Circuit in In re One2One Communications, LLC may radically alter the ability of debtors to escape appeals of confirmed plans for reorganization.  The Third Circuit, which governs the influential Delaware bankruptcy courts, has for almost 20 years embraced the judicially created doctrine of “equitable mootness” as a basis for dismissal of ap

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Third Circuit
    Authors:
    Stephen D. Lerner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The opera ain’t over…denial of plan confirmation held not appealable as a “final order”
    2015-05-05

    People are generally familiar with the concept that a party’s right to appeal applies to those orders that are “final.” A “final” order is one that resolves or disposes of the disputes between the parties. While an interlocutory order may be appealable at the discretion of the appellate court, the aggrieved party has no absolute right to appeal an order that is not “final.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy Appellate Panel
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Managing the chapter 15 cross-border insolvency case – a book review of the pocket guide for judges by the Honourable Louise De Carl Adler
    2015-02-10

    Chapter 15 of the Bankruptcy Code provides a mechanism for a foreign debtor or representative in non-U.S. insolvency proceedings to protect such debtor’s U.S. assets from U.S. creditors’ collection actions or to stay any litigation commenced in the U.S. The ultimate goal in a chapter 15 proceeding is to preserve the value of the assets of the foreign debtor for the benefit of all its creditors globally.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Nava Hazan , Helen Kavanagh
    Location:
    USA
    Firm:
    Squire Patton Boggs
    “Take that… and rewind it.”
    2014-12-09

    Imagine: you are a lender that has loaned substantial sums of money to an individual, secured by real property owned by the borrower. After the borrower defaults and negotiations fail, you seek and obtain the appointment of a receiver. But now litigation ensues—about the loan documents, about contract defaults, about interest rates, about foreign law. After a substantial investment of time and money, your trial date draws closer. At some point during this odyssey, your borrower secretly transfers the real property collateral to a newly-created, single-member LLC.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor
    Authors:
    Kristin E. Richner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit considers finality of bankruptcy orders in the context of substantive consolidation
    2013-08-23

    Is anyone ready for a test on bankruptcy appellate jurisdiction?  For the second time in a week, the Sixth Circuit addressed its appellate jurisdiction in bankruptcy appeals, this time in the context of orders denying the substantive consolidation of two separate chapter 7 bankruptcy estates, In re Cyberco Holdings and Teleservices Group.   On the heels of its decision in Lindsey v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs

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