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    Insurers seek enforcement of state law protections for City of Detroit GO Bonds
    2013-11-12

    On November 8, 2013, three monoline insurers of the City’s general obligation bonds commenced adversary proceedings in the City of Detroit bankruptcy case.1  Through these actions, the monoline insurers seek to compel enforcement of the status quo for the general obligation bonds by requiring the City to continue to segregate ad valorem taxes in accordance with Michigan law.  As these actions progress, they may clarify whether state law protections for general obligation bonds apply in chapter 9 and test the jurisdictional limitations imposed on a bankruptcy court by se

    Filed under:
    USA, Michigan, Capital Markets, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Bond (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    So you want to sell (or buy) a company under Section 363? Here’s how
    2012-12-12

    With companies facing significant distress due to vast over-leverage, debtors have increasingly turned to asset sales under Section 363 of the Bankruptcy Code, rather than Chapter 11 plans, to dispose of their assets quickly and begin the process of winding down their estates.  According to the UCLA-LoPucki Bankruptcy Research Database, less than 4 percent of all large, public company bankruptcies were resolved by substantial asset sales  from 1990-2000.  However, in the period from 2001-2010, that figure rose to nearly 20 percent – peaking in 2011 when 43 percent of large pu

    Filed under:
    USA, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Debtor, Leverage (finance), Title 11 of the US Code
    Authors:
    Michael A. Stevens
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Tribal gaming enterprise held ineligible to file for Chapter 11
    2012-09-24

    Since the passage of the Indian Gaming Regulatory Act in 1988, casinos owned by Native American tribes have proliferated across tribal lands and have generated billions of dollars in revenue annually.  While casinos such as Mohegan Sun and Foxwoods are among the largest and well-known tribal casinos, over 60 exist in the State of California, where many dozen small properties have sprung up throughout the state in recent years, in some cases built in part with the proceeds of high-yield bond debt.  This recent growth spurt juxtaposed with the prolonged downturn in consumer spending

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Collateral (finance), Option (finance), Personal property, Casino
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court affirms secured creditors’ right to credit bid at plan sales
    2012-07-11

    On May 29, 2012, the U.S. Supreme Court  in RadLAX Gateway Hotel v. Amalgamated Bank, its first significant Chapter 11 opinion in several years, affirmed the  U.S. Court of Appeals for the Seventh Circuit’s decision in River Road Hotel Partners v.  Amalgamated Bank, prohibiting a debtor from  selling assets free and clear of liens under a plan of reorganization without permitting a secured creditor to credit bid.  RadLAX resolves a circuit split and reverses prior rulings of the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Harrisburg: a case study in state law barriers to Chapter 9
    2012-01-10

    On November 23, 2011, the Bankruptcy Court for the Middle District of Pennsylvania dismissed Harrisburg, Pennsylvania’s Chapter 9 bankruptcy petition because, shortly before the filing, the state legislature expressly prohibited Harrisburg from seeking relief under Chapter 9.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Cadwalader Wickersham & Taft LLP, Bankruptcy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    ITC investigations not subject to bankruptcy stays —district court decisions reverse Bankruptcy Court stays of ITC investigations 648 and 685
    2010-09-24

    The issue of whether Section 362(a) operates as a stay of ITC Section 337 investigations arose in several ITC cases in the last two years. The first case, ITC Investigation No. 337-TA-605, involved Spansion, Inc., a Delaware corporation that manufactures semiconductor chips outside the United States. Spansion was named as a Respondent in the case and contended that the ITC investigation should be stayed as to Spansion pursuant to the automatic stay provision of Section 362(a).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Patent infringement, Federal Register, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The rise of reinstatement: lessons learned from Spectrum and Charter
    2010-04-15

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Conflict of laws, Credit (finance), Debtor, Interest, Debt, Maturity (finance), Default (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Litigation challenges counterparty right to withhold payments under Section 2(a)(iii) of ISDA Master Agreement as violation of automatic stay provisions of US Bankruptcy Code
    2009-08-11

    In a recently filed motion in the United States Bankruptcy Court Southern District of New York (the “Motion”), Lehman Brothers Holdings Inc. (“LBHI”) is seeking to compel Metavante Corporation (“Metavante”) to perform its obligations under a swap agreement between Metavante and Lehman Brothers Special Financing Inc.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Condition precedent, Libor, Debtor, Safe harbor (law), Interest, Swap (finance), Liquidation, Default (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress
    2009-01-30

    Introduction

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Interest, Covenant (law), Liability (financial accounting), United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Chapter 11 does not prevent loss of liquor license
    2008-07-31

    In Go West Entertainment, Inc. v. New York Liquor Authority (In re Go West Entertainment, Inc.),1 the United States Bankruptcy Court for the Southern District of New York refused to extend the automatic stay or to utilize its other injunctive powers to prevent state regulatory authorities from revoking a debtor’s liquor license.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Title 11 of the US Code, United States bankruptcy court, Administrative law judge
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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