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    Not required, but still appropriate - Judge Glenn appoints examiner in ResCAP
    2012-06-22

    The chapter 11 case of mortgage lender and servicer Residential Capital, LLC (“ResCap”) is fascinating on a number of levels. Its parent company, Ally Financial, Inc.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Petition signed by corporate officer was improper, but correctable
    2012-01-18

    IN RE: IFC CREDIT CORP. (December 5, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    So this is why judges bother to write dissenting opinions - Seventh Circuit decision on credit bidding vindicates Judge Ambro's Philadelphia Newspapers dissent
    2011-07-26

    Critics of last year’s decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit’s recent unanimous opinion in River Road Hotel Partners LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured loan, US Congress, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Does the Bankruptcy Code's automatic stay provision apply to qui tam actions?
    2011-02-07

    Yes, but only if the government declines to intervene in the action. United States ex rel. Kolbeck v. Point Blank Solutions, Inc., 1:08-cv-1187 (E.D. Va.), recently addressed this issue.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Federal Reporter, False Claims Act 1863 (USA), US Code, Title 11 of the US Code, Eighth Circuit, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    United States Trustee is a "party in interest" under Bankruptcy Code § 1129(d)
    2010-06-03

    IN RE: SOUTH BEACH SECURITIES (May 19, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Security (finance), Interest, Good faith, Frivolous litigation, Internal Revenue Service (USA), United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court Displays More Pragmatic Approach to the Bankruptcy Code in Merit Management v. FTI Consulting
    2018-04-25

    The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc. has appropriately drawn significant attention.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    GM Judge nuances his earlier rulings and sets out permissible ignition switch lawsuits
    2015-11-18

    At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from lawsuits based on ignition switch defects in cars manufactured prior to New GM’s acquisition of the assets of Old GM in 2009.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, General Motors
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court decides not to destroy the current bankruptcy court system
    2014-06-10

    The U.S. Supreme Court yesterday, in Executive Benefits Insurance Agency v. Arkinson, limited somewhat the ramifications of its landmark opinion two years ago in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Article III US Constitution, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Now it gets interesting - Stockton, CA found eligible to remain in Chapter 9
    2013-04-09

    Nearly nine months after it filed for protection under Chapter 9 of the Bankruptcy Code, a federal bankruptcy judge last week determined that the city of Stockton, California has satisfied the requirements of Section 109(c) of the Bankruptcy Code a

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Public, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Chapter 11 once again safe for undersecured lenders - Supreme Court affirms right to credit bid in Radlax
    2012-05-29

    The U.S. Supreme Court today in Radlax Gateway Hotel, LLC, et al. v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Statutory interpretation
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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