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    Do you know what actual fraud is?
    2016-05-23

    In Husky Int’l Electronics, Inc. v. Ritz, No. 15-145 (U.S. May 16, 2016), a 7-1 majority of the Supreme Court held that a fraudulent conveyance scheme comported with the requirements of “actual fraud” to create a potential new debt dischargeability exception pursuant to section 523(a)(2)(A) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Free requests for standard compensation by debtor’s counsel in 13 cases
    2013-01-23

    Presumed Reasonable Absent Certain Circumstances 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Fifth Circuit
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Vertis Holdings files for bankruptcy in Delaware
    2012-10-16

    On October 10, 2012, Vertis Holdings, Inc. ("Vertis"), and various related entities, filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  This is Vertis' third time in bankruptcy in recent years.  As stated in the company's Declaration in Support of Chapter 11 Petitions (the "Decl."), Vertis filed a prepackaged bankruptcy in Delaware in July of 2008.  Vertis filed its first bankruptcy in order to merge with American Color Graphics and restructure some of the company's debt.   Decl.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Direct marketing, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Northstar Aerospace files for bankruptcy in Delaware due to negative profits, decreased defense spending and lack of funding
    2012-07-15

    In June, Northstar Aerospace and various related entities (collectively, "Northstar") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Northstar describes itself as a supplier of "components and assemblies for the commercial and military aerospace markets."  The company also provides machining, repair and overhaul services for the aerospace industry.  See Northstar's Declaration in Support of First Day Motions

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Clinical research firm, Cetero Research, files petitions for bankruptcy in Delaware
    2012-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Landlords: beware when terminating and evicting commercial tenants
    2012-01-20

    When a tenant under a commercial lease defaults and the landlord wishes to exercise a right to terminate the lease and evict the tenant, the landlord must comply with the terms of the lease and the applicable law regarding termination and eviction.  This issue was addressed in a September 8, 2011, decision by the U.S.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Landlord, United States bankruptcy court
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    U.S. Supreme Court dramatically curtails bankruptcy courts' powers
    2011-09-07

    The United States Supreme Court recently narrowed the scope of the authority of bankruptcy courts, with potential far-reaching implications on past, present and future bankruptcy matters. The case, Stern v. Marshall, 131 S.Ct. 2594 (2011), began as a dispute between Anna Nicole Smith and the son of her late husband. After several years of litigation and one previous trip to the U.S. Supreme Court, the Court ruled bankruptcy courts lack the authority to enter judgments on counterclaims against a debtor that are based on state law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Constitutionality, Common law, Pro rata, US Constitution, Article III US Constitution, US Congress, SCOTUS, United States bankruptcy court
    Authors:
    Brett A. Axelrod
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    An update on the Deb Shops bankruptcy
    2011-07-14

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail, Credit (finance), Landlord, Leasehold estate, Market liquidity, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in GRA liquidation (Black Angus Restaurants) files preference complaints
    2011-05-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Leisure & Tourism, Litigation, Fox Rothschild LLP, Bankruptcy, Letter of credit, Debtor, Limited liability company, Liquidation, Secured loan, US District Court for Central District of California, United States bankruptcy court, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Energy producer, AES Thames LLC, files for bankruptcy in Delaware
    2011-02-06

    On February 1, 2011, AES Thames, LLC ("AES" or "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of AES's President in Support of First Day Motions (the "Declaration"), AES owns and operates a coal-fired power plant in Montville, Connecticut.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Injunction, Renewable energy, Coal, Electricity, Electricity generation, Subsidiary, Parent company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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