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    Involuntary Bankruptcy: Limited Remedy and Strong Sanctions for Abuse
    2019-05-07

    A bankruptcy court decision recently detailed how courts applying Bankruptcy Code (“Code”) § 303(i) can sanction creditors who “abuse… the power given to [them]… to file an involuntary bankruptcy petition.” In re Anmuth Holdings LLC, 2019 WL 1421169, * 1 (Bankr. E.D.N.Y. Mar. 27, 2019).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Second Circuit, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The City Has My Vehicle. What Now?
    2019-05-07

    Chicagoans have found a new avenue through which to regain possession of their vehicle after it has been impounded by the City: file a chapter 13 bankruptcy case. In 2018, 17,603 new chapter 13 bankruptcy cases were filed in the Northern District of Illinois. By comparison, in 2018, the Middle District of Florida, one of the busiest bankruptcy courts, saw 6,650 new chapter 13 cases filed, and the Southern District of California, another large bankruptcy district, saw 1,426 new filings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Bradley Arant Boult Cummings LLP, Bankruptcy
    Authors:
    Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Real Estate Investment Policyholders Prevail in Delaware and New York D&O Coverage Disputes
    2019-05-07

    New York and Delaware courts resolved two coverage issues in favor of directors and officers of real estate investment trust advisory companies in lawsuits against their liability insurers. Both decisions arise out of ongoing coverage disputes related to allegations of fraud and other wrongdoing in connection with accounting irregularities.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Hunton Andrews Kurth LLP
    Authors:
    Sergio F. Oehninger , Geoffrey B. Fehling
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Bankruptcy Court Disallows Secured Lender's Post-Petition Legal Fees for "Policing" Chapter 11 Case
    2019-05-08

    On March 27, 2019, the United States Bankruptcy Court for the Northern District of West Virginia issued an opinion holding that an over-secured creditor could not recover a portion of the creditor's attorney's fees incurred in connection with the borrower's bankruptcy proceeding despite provisions in the loan agreement that provided for recovery of attorney's fees "incurred in connection with the enforcement" of the loan documents.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP
    Authors:
    Justin F. Paget , Nathan Kramer
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Safe Harbor Re-Opened? SDNY Revisits Merit Management
    2019-05-02

    A recent decision from the United States District Court for the Southern District of New York, In re Tribune Co. Fraudulent Conveyance Litigation, Case No. 12-2652, 2019 WL 1771786 (S.D.N.Y. April 23, 2019) (Cote, J.), has re-examined application of the “securities safe harbor” under section 546(e) of the Bankruptcy Code, 11 U.S.C. §§ 101–1532, to the transferees of “financial institutions” in so-called “conduit transactions,” following the United States Supreme Court’s 2018 decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018).

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Ray C. Schrock, P.C. , Michael Godbe
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Are You A "Health Care Business" for Bankruptcy Purposes?
    2019-05-02

    The day any enterprise starts contemplating a bankruptcy filing never is a happy one. If the enterprise is in the health care industry, added anxiety can arise over whether it qualifies as a “health care business” under the United States Bankruptcy Code. Among other provisions applicable to a “health care business” in bankruptcy, the Bankruptcy Code requires the appointment of a patient care ombudsman (“PCO”) when a health care business becomes a debtor in a bankruptcy case.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Krieg DeVault
    Authors:
    C. Daniel Motsinger , Kay Dee Baird
    Location:
    USA
    Firm:
    Krieg DeVault
    Attorneys Beware: Federal Court Reinstates Aiding and Abetting Breach of Fiduciary Duty Claim Against Law Firm
    2019-05-02

    Attorneys who advise a distressed company usually work very closely with members of the board of directors. A recent opinion from the United States District Court for the Western District of Texas provides a cautionary reminder to such attorneys not to lose sight of the fact that, notwithstanding that the company acts through its board, the attorneys’ duties are to the company and not to the individual board members. And, losing focus on the source of the attorneys’ duties may result in exposure to significant liability.

    Filed under:
    USA, Delaware, Texas, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employment contract, Delaware Court of Chancery
    Authors:
    Aaron A. Boschee
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Chapter 11 for Small Businesses
    2019-05-02

    Chapter 11 of the United States Bankruptcy Code is a useful tool available to businesses (and even some high-net-worth individuals) to restructure their debt, shed their liabilities, and reorganize. Chapter 11 is also used by companies to sell all or substantially all of their assets "free and clear" of liens, claims, and interests relatively quickly. Buyers recognize the value of being able to acquire assets free and clear pursuant to 11 U.S.C.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Venable LLP
    Location:
    USA
    Firm:
    Venable LLP
    Bankruptcy Hypotheticals for Equipment Lessors to Consider
    2019-05-02

    No equipment lessor wants to find itself a creditor of a lessee in a reorganization case under chapter 11 of the U.S. Bankruptcy Code (the Bankruptcy Code). However, when such a situation arises, a lessor is not without recourse – even where the facts give rise to situations not specifically addressed by the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP
    Authors:
    Alexis A. Leventhal
    Location:
    USA
    Firm:
    Reed Smith LLP
    Don’t Bank(ruptcy) On It: In re Adair
    2019-05-03

    The U.S. Justice Department (“DOJ”) has said that an Oregon woman who is employed by a marijuana staffing agency cannot use bankruptcy protection because of her firm’s ties to the cannabis industry. The U.S. Trustee—a DOJ bankruptcy administrator—objected to confirmation of the debtor’s Chapter 13 plan and moved to dismiss on the grounds that her income is earned in violation of the federal Controlled Substances Act (“CSA”).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Burns & Levinson LLP
    Authors:
    Marcus Hernandez
    Location:
    USA
    Firm:
    Burns & Levinson LLP

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