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
    Eleventh Circuit Narrows Application of Judicial Estoppel
    2017-10-24

    The Eleventh Circuit has revisited the question of when a debtor may be judicially estopped from pursuing a civil lawsuit due to his or her failure to disclose the claims forming the basis of the lawsuit in their bankruptcy. Judicial estoppel is an equitable doctrine intended to protect courts against parties who seek to manipulate the judicial process by changing their legal positions to suit the exigencies of the moment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, Debtor, Estoppel, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    New Delaware Chapter 11 Filing - CalDel Holdings, LLC
    2017-10-24

    CalDel Holdings, LLC, a semi-conductor manufacturer headquartered in Vancouver, Washington, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-12266). The petition estimates the Debtor’s assets to be between $1 – $10 million and its liabilities to be between $500,000 – $1 million. The Debtor’s list of top 20 creditors only includes one party—Universal Semiconductor, Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    United States: Second Circuit Adopts the Market Rate Test for Cramming Down Secured Creditors in Chapter 11
    2017-10-24

    Lenders rejoice. The Second Circuit recently issued its highly anticipated opinion in In re MPM Silicones, LLC, where it held that the appropriate cramdown interest rate in chapter 11 cases is the market rate (so long as an efficient market exists) rather than the formula rate applied by the US Supreme Court in individual debtors’ chapter 13 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, United States bankruptcy court
    Location:
    USA
    Firm:
    Baker McKenzie
    In Preference Suit, Seventh Circuit Holds That Debtor’s Assignment of Contractual Rights Does Not Negate Creditor’s New Value Defense
    2017-10-25

    In Levin v. Verizon Bus. Global, LLC (In re OneStar Long Distance, Inc.), 2017 U.S. App. LEXIS 18374 (7th Cir. Sept. 22, 2017), the Seventh Circuit recently addressed a situation where a debtor sought to reduce a creditor’s new value defense in a preference avoidance action.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Debtor, Seventh Circuit
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    No Money, Big Problems: Union Pension and Benefit Obligations May Force Hartford Into Bankruptcy
    2017-10-25

    Unfunded public union pension obligations have been making headlines for years, perhaps most notably with Detroit being forced into a contentious bankruptcy. Detroit, however, is hardly alone. Many states and municipalities have severely underfunded pension obligations crushing their balance sheets.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Barnes & Thornburg LLP, Bankruptcy
    Authors:
    David J. Pryzbylski
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Second Circuit Rules on Chapter 11 Cram-Down, Make-Whole, and Subordination Issues
    2017-10-25

    In Short

    The Situation: In In re MPM Silicones, L.L.C., secured noteholders argued that replacement notes distributed to them under a cram-down chapter 11 plan should bear market-rate interest rather than the lower formula rate proposed in the plan and that they were entitled to a make-whole premium.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    Bruce Bennett , Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Court Holds That “Economic Waste” Doctrine, as Adopted in Wisconsin, Prevented Owner From Recovering Costs to Repair Defectively Designed Digester and Awards No Damages, Even Though the Digester Was Not Designed to the Applicable Code
    2017-10-26

    WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017)

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Troutman Pepper, United States bankruptcy court
    Authors:
    Robert A. Gallagher
    Location:
    USA
    Firm:
    Troutman Pepper
    A Systematic Plan for Debt Collection by Agribusinesses
    2017-10-26

    There is nothing quite like a big sale to a new customer - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

    However, there is nothing more disheartening than when a new customer is unable or unwilling to pay for the product you just shipped or services you just provided. Perhaps there is one thing that is worse, when a long-term customer fails to pay.

    Filed under:
    USA, Agriculture, Company & Commercial, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Accounts receivable, Due diligence, Debt collection, Agribusiness
    Authors:
    Patricia J. Scott , Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Harlan v. Nebraska Alliance Realty Company (In re Harlan)
    2017-10-23

    (Bankr. S.D. Ind. Oct. 19, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Momentive U-turn: Efficient Market Cramdown Rate Gains Momentum with Second Circuit Decision
    2017-10-23

    In a previous article, Losing Momentive: A Roadmap to Higher Cramdown Interest Rates, we explored how the judicial cramdown interest rate cap was not gaining widespread traction as feared by many in response to the 2014 Momentive bench ruling upheld in a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Bracewell LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 487
    • Page 488
    • Page 489
    • Page 490
    • Current page 491
    • Page 492
    • Page 493
    • Page 494
    • Page 495
    • …
    • 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