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    Bankruptcy court acted within discretion in concluding that trust did not meet the "adequate assurance of future performance" test
    2010-10-08

    IN RE: RESOURCE TECHNOLOGY CORP. (October 1, 2010)

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Natural gas, Board of directors, Legal burden of proof, Electricity, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    A Season of Viral Disruption
    2020-03-18

    Social distancing. Elbow bumps. Flatten the curve. These are the new phrases and behaviors we have learned to avoid exposure to the novel coronavirus (COVID-19). This epic struggle forces us to reexamine and reevaluate our daily habits, lifestyles and customs as we work collectively to minimize the harm to our families, friends and neighbors throughout the United States.

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Coronavirus
    Authors:
    Robert L. LeHane , KRISTIN S. ELLIOTT
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Punt, Pass or Kick? Supreme Court Struggles With Jevic at Oral Argument
    2016-12-09

    The U.S. Supreme Court heard oral arguments this week in the case of Czyzewski v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Energy Future Holdings make-whole ruling extends rationale of important SDNY decisions to Delaware
    2015-03-31

    Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp., et al. (“EFH”), Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did not trigger an obligation by the debtors to pay a make-whole premium.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, US District Court for SDNY
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Heard about Detroit? The first word on treatment of public employee pension benefits in Chapter 9 (and absolutely not the last)
    2013-12-12

    Last week’s ruling by

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Panic in Detroit? Motor City moves closer to possible Chapter 9 filing
    2012-12-13

    Detroit has seen signs of revival in its urban core following the near-death experiences of GM and Chrysler. Unfortunately, its municipal finances remain beaten down by the city’s long and precipitous decline over the past several decades. Labor and legacy costs, incurred when the auto industry thrived and the popul

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Collateral with different risk profile is not "indubitable equivalent"
    2012-02-13

    IN RE: RIVER EAST PLAZA, LLC (January 19, 2012)

    When River East Plaza LLC defaulted on its mortgage in early 2009, LNV Corp., which held the first mortgage, started foreclosure proceedings. Shortly before the scheduled sale of the property, River East filed for bankruptcy. In its plan, it proposed to exchange LNV's lien for one that was an "indubitable equivalent" under section 1129(b)(2)(A)(iii). Bankruptcy Judge Wedoff (N.D. Ill.) rejected the plan and dismissed the petition. River East brought a direct appeal under section 158(d)(2)(A).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Collateral (finance), Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    L.L.C. member is an insider for purposes of preferential transfer
    2011-10-12

     IN RE: LONGVIEW ALUMINUM, L.L.C. (September 2, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Transactions can be outside the "ordinary course" and require SOFA disclosure without being fraudulent
    2011-04-19

    STAMAT v. NEARY (March 24, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Debt, Legal burden of proof, Bench trial, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit stays DBSD North America plan
    2010-10-07

    The chapter 11 case of DBSD North America, Inc. (“DBSD”), f/k/a ICO North America, has been marked by aggressive tactics and extreme positions from its commencement. DBSD, a non-operating satellite communications company, and its second lien noteholders made clear their intent to cram down a plan of reorganization (the “Plan”) on DBSD’s first lien lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Maturity (finance), Good faith, Secured creditor, Secured loan, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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