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    FACT Act promises transparency in bankruptcy trust claims and payments for asbestos exposure
    2013-11-18

    Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act by a 221-199 vote. FACT would amend the U.S. Bankruptcy Code to require trusts formed under a bankruptcy reorganization plan and charged with paying claims connected to asbestos exposure to disclose all demands made by claimants and the basis of any payments made to claimants.

    Filed under:
    USA, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy
    Location:
    USA
    Firm:
    Duane Morris LLP
    Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities
    2011-08-03

    Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.1

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Security (finance), Fraud, Market liquidity, Limited liability company, Misrepresentation, Due diligence, Broker-dealer, Underwriting, Securities fraud, US Securities and Exchange Commission, Second Circuit, Sixth Circuit, Circuit court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Lender Liability Is Alive and Well, As Recent Bankruptcy Case Shows
    2022-07-14

    InBailey Tool & Mfg. Co. v. Republic Bus. Credit, LLC, 2021 Bankr. LEXIS 3502 (Bankr. N.D. Tex. Dec. 23, 2021), the United States Bankruptcy Court for the Northern District of Texas clarified how aggressive a secured lender can be when enforcing its rights. The 145-page opinion details how a lending arrangement went “terribly wrong” and why awarding millions in damages was warranted.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, United States bankruptcy court
    Location:
    USA
    Credit Bidding Part III: Some Additional Considerations
    2020-04-23

    Parts I and II in this series discussed certain of the statutory predicates of credit bidding and some considerations for structuring such a bid. Here in Part III, we will address some additional issues that a lender must take into account when deciding to credit bid its debt and some documentary considerations. As its name implies, the predominant form of consideration in a credit bid is often the lender’s debt. Lenders, however, cannot ignore another component of consideration often needed to consummate a transaction, cash.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP
    Location:
    USA
    Firm:
    Duane Morris LLP
    Supreme Court Resolves Circuit Split on Issue of Whether Statement About a Single Asset Is One Respecting Debtor's Financial Condition
    2018-06-26

    Alerts and Updates

    The Supreme Court’s opinion is significant because it will encourage creditors to rely on written, rather than oral, statements of debtors as to both their assets and overall financial status, which are better evidence in a nondischargeability case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, SCOTUS
    Authors:
    Rudolph J. Di Massa, Jr. , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP
    Discharge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought
    2016-05-16

    On May 16, 2016, the Supreme Court of the United States handed down its opinion in Husky International Electronics, Inc. v. Ritz, Case No. 15-145.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Duane Morris LLP, Debtor, Fraud, Misrepresentation, SCOTUS, Fifth Circuit
    Authors:
    Rudolph J. Di Massa, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    Corporate governance in chapter 11 – business as usual, with possible exceptions
    2015-04-11

    Under the Bankruptcy Code, a debtor in possession operates its business “as usual” during the pendency of a case. Likewise, in most cases, prepetition corporate governance practices and procedures should continue post-petition. In fact, as Judge Sontchi recently held in In re SS Body Armor I, Inc., Case No. 10-1125(CSS) (Bankr. D. Del. April 1, 2015), the right of a shareholder to compel a shareholders’ meeting for the purpose of electing a new board of directors continues during bankruptcy.  Absent “clear abuse,” the automatic stay of 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Corporate governance, Debtor in possession
    Authors:
    Michael R. Lastowski
    Location:
    USA
    Firm:
    Duane Morris LLP
    District Court clarifies distinction between burdens of proof on stay relief and adequate protection in American Airlines bankruptcy
    2013-05-03

     

    In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic stay under 11 U.S.C. § 362(d), a secured creditor has the initial burden to show that there has been a decline—or at least a risk of decline—in the value of its collateral. Only then will the burden shift to the debtor to prove that the value of the collateral is not, in fact, declining.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Collateral (finance), Interest, Legal burden of proof, Secured creditor
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bloodhorse.com reports that battle between NYRA, OTBS resurfaces
    2010-12-08

    With the future of the New York City Off Track Betting Corp. up in the air, the New York Senate returned to the Capitol Tuesday, Dec. 7, to find itself in the middle of a long-standing battle between tracks and OTB corporations in the state.

    Officials at the NYCOTB, which is in Chapter 9 bankruptcy protection, vowed to shut down the stateowned betting giant at midnight Dec. 7 if the Senate does not pass a reorganization bill already approved last week by the Assembly.

    Filed under:
    USA, New York, Insolvency & Restructuring, Media & Entertainment, Duane Morris LLP, Bankruptcy, Bailout
    Location:
    USA
    Firm:
    Duane Morris LLP
    Avoidance powers cannot be used to generate windfalls for debtors
    2021-10-07

    The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to creditors within prescribed guidelines and limitations. The U.S. Bankruptcy Court for the District of New Mexico recently addressed the contours of these powers through a recent decision inU.S. Glove v. Jacobs, Adv. No. 21-1009, (Bankr. D.N.M.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Small Business Administration (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP

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