Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Oh, and Section 105, as well—Limitations on the Bankruptcy Court’s Equitable Powers
    2021-12-20

    Section 105 of the U.S. Bankruptcy Code, titled “Power of Court,” is often cited and used as a “catch-all” provision when requesting certain relief or when a bankruptcy court enters an order granting (or denying) certain relief not prescribed by a particular provision of the Bankruptcy Code. That section provides that a “court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Mediation
    Authors:
    Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Venue Provisions Fail to Provide Relief in Smaller Dollar Preference Cases
    2021-08-02

    The Bankruptcy Protector

    Almost two years ago, the Small Business Reorganization Act of 2019 (SBRA) was enacted. While the provisions regarding the new Subchapter V reorganization received the most press (streamlined chapter 11 for businesses with debts of no more than $7,500,000), the SBRA also included other important changes to the Bankruptcy Code. Among these additional changes was an increase in the venue threshold under 28 U.S.C. § 1409(b) to $25,000.00 as follows:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    No Dice: State Law Precludes Recovery of $50,000,000 Gaming License Fee
    2020-01-14

    In 2007, Philadelphia Entertainment and Development Partners, LP dba Foxwoods Casino Philadelphia (“Plaintiff”) secured a gaming license from Pennsylvania for $50,000,000 with the understanding that it open its casino business within one year. Plaintiff failed to do so and, despite a number of extensions, Pennsylvania cancelled and revoked the gaming license in December 2010. Without a gaming license, Plaintiff found itself in chapter 11 by spring of 2014.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Leisure & Tourism, Litigation, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court
    Authors:
    Shane G. Ramsey , Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Dispute Over Rejection of PG&E Contracts to Stay in Bankruptcy Court
    2019-03-18

    A dispute over whether the Federal Energy Regulatory Commission (“FERC”) can order one of Northern California’s largest natural gas and electric companies – Pacific Gas & Electric Company (“PG&E”) – to reject wholesale power purchase contracts (“PPCs”) will be decided by the United States Bankruptcy Court for the Northern District of California (“Bankruptcy Court”), instead of the United States District Court for the Northern District of California (“District Court”).

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, FERC, US District Court for Northern District of California
    Authors:
    Graham Mitchell
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Indubitable Equivalence in the Woods
    2017-12-07

    Fourth Circuit Authorizes Partial Dirt for Debt Plan

    The Bankruptcy Code requires that secured creditors realize the indubitable equivalent of their claims as a condition to confirmation of a Chapter 11 plan of reorganization. In the case of Bate Land & Timber LLC, the Fourth Circuit addressed indubitable equivalence in the context of a partial dirt for debt plan where the debtor planned to covey several tracks of real property in partial satisfaction of its obligations to its secured creditor and pay the remaining balance owed in cash.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Fourth Circuit
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Sad News for all you “Toys R Us Kids”: Toys ‘R’ Us is Reportedly Preparing for a Potential Bankruptcy Filing Prior to the Holidays
    2017-09-19

    Filed under:
    USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Technology licenses upon bankruptcy
    2008-04-23

    Imagine that a critical part of your business is dependent on a software program that you license from a software supplier. This scenario is not that hard to imagine, because in fact most businesses and other organizations are indeed reliant on licensed software – it is simply a fact of life in the computer age.

    Filed under:
    Canada, USA, Insolvency & Restructuring, IT & Data Protection, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    Firepower: Guidance on Whether Commissions Owed to Salespersons Are Held in Trust by a Business and Outside of Insolvency
    2019-11-19

    In Firepower Debt GP Inc. v.

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    CCAA Debtor in Possession Financing without “Adequate Protection”
    2016-01-12

    There are a number of similarities between restructuring legislation in Canada and the United States.  Each of Canada and the United States have adopted a form of the UNCITRAL Model Law Cross-Border Insolvency in order to facilitate cooperation and efficient administration of cases with an international component.  In Canada this has occurred through implementation of both Part XIII of the 

    Filed under:
    Canada, USA, Insolvency & Restructuring, McCarthy Tétrault LLP, Debtor, Debtor in possession
    Authors:
    Walker W. MacLeod
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    Rule of law may be newest victim of the credit crisis
    2008-11-13

    There has been no shortage of victims in this financial crisis. Pensions and retirement savings have been severely reduced, jobs have been lost and once powerful financial institutions have failed. But, there is, perhaps, another victim that has largely gone unnoticed: the rule of law.

    In his Evil Empire speech before the British House of Commons in June 1982, President Ronald Reagan refocused American political values on the rule of law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, McCarthy Tétrault LLP, Bankruptcy, Shareholder, Unsecured debt, Debt, Stakeholder (corporate), US Federal Government, Lehman Brothers, Citibank
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 1934
    • Page 1935
    • Page 1936
    • Page 1937
    • Current page 1938
    • Page 1939
    • Page 1940
    • Page 1941
    • Page 1942
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days