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    New Delaware Chapter 11 Filing - Pinktoe Tarantula Limited
    2018-02-20

    Pinktoe Tarantula Limited, along with two of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10344). The Debtors, doing business as Charlotte Olympia, are a London-based designer of women’s luxury footwear and accessories.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    First Circuit Holds Rejection of Trademark License Leaves Licensee With Only a Claim for Pre-petition Damages - No Right to Continued Use of Trademarks; Court Upholds Termination of Exclusive Distribution Rights
    2018-02-20

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, First Circuit
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Illinois Supreme Court Holds Foreclosure Deadline to Challenge Service Tolled While Action Dismissed
    2018-02-20

    Reversing the rulings of both the appellate and the trial courts, the Supreme Court of the State of Illinois recently held that the deadline to file a motion to quash service under the Illinois Mortgage Foreclosure Law (IMFL) did not run while the foreclosure action was dismissed for want of prosecution.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Motion to quash, Illinois Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Michigan to Enact the Uniform Commercial Real Estate Receivership Act
    2018-02-20

    A commercial real estate receiver’s powers will be clarified when Michigan’s Uniform Commercial Real Estate Receivership Act (the “Act”) becomes effective in May. The legislation, signed by Gov. Rick Snyder on Feb. 6, 2018, effects many sweeping changes and answers a question plaguing courts: Can a state receiver court sell property free and clear of liens and redemption rights?

    Filed under:
    USA, Michigan, Company & Commercial, Insolvency & Restructuring, Real Estate, Miller Canfield PLC, Commercial property
    Location:
    USA
    Firm:
    Miller Canfield PLC
    Bankruptcy Court Grants Relief from Stay to Credit Union to Exercise State Law Rights Related to Setoff Against Funds in which the Debtor's Children Hold an Interest
    2018-02-21

    The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a case that involved mutual claims between the debtor and a creditor, and lifted the automatic stay to allow a creditor to exercise “setoff” rights provided by state law to recover its debt.1

    The Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The Toy-kover: bidders compete for Toys R Us
    2018-02-21

    The deadline for interested purchasers of every child's favourite superstore, Toys R Us, to submit their letters of intent fell last week, with sources indicating that several parties had expressed interest in purchasing the beleaguered retailer. Hilco Capital, the company which saved HMV from Liquidation in 2013, have reportedly submitted a bid and are believed to be amongst the favourites for the troubled retailer.

    Filed under:
    USA, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy
    Location:
    USA
    Firm:
    Ashfords LLP
    Treasury releases Orderly Liquidation Authority report
    2018-02-22

    On February 21, the U.S. Department of the Treasury released a report on the Orderly Liquidation Authority (OLA) and Bankruptcy Reform.

    Filed under:
    USA, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy Remoteness Going to a Court of Appeals
    2018-02-22

    Back in the day--say, the last two decades of the twentieth century--we bankruptcy lawyers took it largely on faith that the right structural and contractual provisions purporting to confer bankruptcy-remoteness[1] were enforceable and likely to be successful in preventing an entity from becoming, voluntarily or involuntarily, a debtor under the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Department of Education releases RFI on undue hardship threshold
    2018-02-22

    On February 21, the Department of Education published a Request for Information (RFI) seeking feedback on whether there is a need to clarify the threshold for “undue hardship” when evaluating bankruptcy cases in which borrowers seek to discharge student loans. According to the RFI, current U.S.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, US Department of Education
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    FDIC Chairman discusses challenges associated with living wills
    2018-02-22

    On February 16, FDIC Chairman, Martin J. Gruenberg, spoke at an event hosted by The Wharton School in Philadelphia about the challenges associated with managing the orderly failure of a systemically important financial institution.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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