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    Marathon Pipe Line: An Interview with the Lawyer Who Argued the Case and the Judge Who Decided It
    2017-10-03

    In one of the most important bankruptcy court decisions of all time, Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the United States Supreme Court held that the 1979 Bankruptcy Code was unconstitutional because it lodged too much judicial power in bankruptcy judges who were not given “Article III” status, which grants lifetime tenure and salary protection and helps assure judicial independence.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Restructuring Debt Securities
    2017-09-30

    A Primer for Issuer Tender Offers, Debt Exchange Offers, Repurchases and Other Liability Management Matters

    This primer is a one-stop comprehensive guide for any issuer seeking to restructure its non-convertible debt securities outside of bankruptcy. This publication:

    • summarizes the U.S. federal securities laws, rules and regulations that apply to debt restructurings;

    • describes various types of debt restructurings; and

    • discusses various practical considerations arising in debt restructurings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Pillsbury Winthrop Shaw Pittman LLP
    Authors:
    David S. Baxter , Royce Liu , Jason P. Sosnik
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale
    2017-10-02

    The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of "any interest in such property," has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Foreseeable Circumstances - Third Circuit Shuts Down WARN Act Claim After Russian Financing Fails
    2017-10-02

    The Bankruptcy Protector

    Chapter 11 debtors operate under various levels of uncertainty. Often a company is dependent upon others to provide financing or close transactions necessary for the company’s survival. Such was the case of Eclipse Aviation, which filed for Chapter 11 bankruptcy in November 2008, with an (apparent) agreement to sell itself to its largest shareholder.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Class action, Worker Adjustment and Retraining Notification Act 1988 (USA), Third Circuit
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    8th Cir. BAP Holds Lien on Real Property Held in Tenancy by the Entireties Was Avoidable
    2017-10-02

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed a bankruptcy court’s holding that a creditor held an unenforceable lien against a debtor’s real property because the property was owned by the entireties and the lien was thus avoidable under Bankruptcy Code § 522(f)(1). 

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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Eighth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bitcoin and Bankruptcy: What You Need to Know about the Value of Bitcoin and Other Cryptocurrencies in Bankruptcy
    2017-10-02

    It is hard to peruse the internet or even mainstream media outlets without hearing about bitcoin. What is this ubiquitous bitcoin? It depends on whom you ask.

    A CNN Money articled defined bitcoin as “a new currency that was created in 2009 by an unknown person using the alias Satoshi Nakamoto.” The IRS has recently defined bitcoin as an “intangible asset” for investors, making it subject to capital gains and loss treatment using the realization method.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Bradley Arant Boult Cummings LLP, Bitcoin, Cryptocurrency
    Authors:
    Erin Jane Illman
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Decision in Ponzi Scheme Case Highlights the Importance of Filing Timely Proofs of Claim
    2017-09-27

    Court decisions about failed Ponzi schemes often make good reading. The fact patterns always involve actual fraud. The illicit schemes give rise to insightful discussions on various legal concepts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Illinois App. Court (1st Dist) Holds Challenges to Foreclosure Failed for Lack of Diligence
    2017-09-27

    The Illinois Appellate Court for the First District recently held that the trial court correctly affirmed a judicial sale and denied a motion to reconsider where an intervenor and alleged owner of the property claimed the mortgage was wiped out by the death of the sole mortgagor, who was only a joint tenant in the property at the time the mortgage was executed.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Illinois Appellate Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    New Delaware Chapter 11 Filing - Exelco North America, Inc.
    2017-09-27

    Exelco North America, Inc., a diamond wholesaler based in Wilmington, DE, along with three affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-12029).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Topple of Estoppel? Eleventh Circuit Deals Blow to Bankruptcy Disclosure Defense in Discrimination Suit
    2017-09-28

    Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for employers that face litigation from bankrupt plaintiffs.

    Legal Background

    Filed under:
    USA, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Eleventh Circuit
    Authors:
    James Blake Bailey
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP

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