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    Another One Bites the Dust, AFL Files Bankruptcy
    2019-12-09

    The Arena Football League (AFL) has filed for Chapter 7 bankruptcy in a Delaware bankruptcy court. The AFL filed its bankruptcy petition a little over a month after suspending all local business operations for its remaining six teams.

    Since its inception in 1986, there have been as many as 19 AFL teams in a single season. However, the number of teams dramatically decreased following a Chapter 11 reorganization in 2009. That same year, the league rebranded to Arena Football One.

    Filed under:
    USA, Insolvency & Restructuring, Goldberg Segalla LLP
    Authors:
    Joseph M. Hanna
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Bankruptcy Court Preliminary Injunction Held Not Appealable
    2019-12-10

    A bankruptcy court’s preliminary injunction was “not a final and immediately appealable order,” held the U.S. District Court for the District of Delaware on Dec. 10, 2019. In re Alcor Energy, LLC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Third Circuit, US District Court for District of Delaware
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Mortgage Loan Servicer’s Failure to Plan for Errors is Costly
    2019-12-10

    Loan servicers’ employees are human beings. Loan servicing employees use systems designed by other human beings. We all know this and so should anticipate that there will be mistakes in loan servicing operations. Recently, the Seventh Circuit Court of Appeals reminded us that how loan servicers plan for and react to inevitable mistakes is important. The case also has some good reminders for litigation counsel and planning tips for loan servicers.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Debtor
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Houston Bankruptcy Court Holds Midstream Gathering Agreements Cannot Be Rejected As Executory Contracts
    2019-12-12

    THE DISPUTE

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, K&L Gates LLP, European Securities and Markets Authority, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jamie Lavergne Bryan , Michael D. Cuda , Claire Piepenburg
    Location:
    USA
    Firm:
    K&L Gates LLP
    The Role of Self-Interest in Allowance of Substantial Contribution Claims in Bankruptcy
    2019-12-13

    To encourage creditors, equity interest holders, indenture trustees and unofficial committees to take actions that benefit a bankruptcy estate, section 503(b)(3)(D) of the Bankruptcy Code confers administrative priority on their claims for expenses incurred in making a "substantial contribution" in a chapter 9 or chapter 11 case. Administrative expense status is also given under section 503(b)(4) to their claims for reimbursement of reasonable professional fees incurred in making a substantial contribution. The U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Mark G. Douglas , Anna Kordas
    Location:
    USA
    Firm:
    Jones Day
    US Bankruptcy Code Defines Right to Receive “Make-Whole” Premium under Chapter 11 Plan
    2019-12-13

    On November 26, 2019, the US Court of Appeals for the Fifth Circuit held in Ultra Petroleum Corp. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Tyler R. Ferguson , Thomas S. Kiriakos , Adam C. Paul , Sean T. Scott , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    A Matter of Trust: Promoting Truth in New York Asbestos Trust Claims with Legislative Solutions
    2019-12-02

    Previously on Asbestos Case Tracker, we took a look at the successful efforts of certain states to combat manipulation and abuse of the asbestos bankruptcy trust system. These states passed legislation that prevents claimants from being doubly compensated for alleged exposures to asbestos-containing products manufactured, used, or supplied by bankrupt and viable companies.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP, Trust law
    Authors:
    Karen Cullinane
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability
    2019-12-02

    On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy proceeding in the U.S. Bankruptcy Court for the Northern District of California (Case No. 19-30088).

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Nossaman LLP, Debtor
    Authors:
    Willis Hon
    Location:
    USA
    Firm:
    Nossaman LLP
    Combating Serial Bankruptcy Filings
    2019-12-02

    Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Shumaker Loop & Kendrick, Debtor, Title 11 of the US Code
    Authors:
    Cristina J. Ayo , Jonathan J. Ellis
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Are You Stuck in Bankruptcy Court if Stay Relief is Denied?
    2019-11-14

    You’ve been slugging it out with your opponent in state court for years. The end of that hard-fought battle is in sight. Maybe you even hold a judgment already and are taking steps to enforce it. Then, your adversary files bankruptcy, and everything grinds to a halt. You know the automatic stay that arises on account of the bankruptcy filing prohibits you from taking further actions to recover from the debtor outside of bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP
    Authors:
    Ryan Pinkston
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP

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