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
    Hartford Bankruptcy Looming after Latest Downgrade
    2017-09-28

    The City Once Dubbed “New England's Rising Star” Has Fallen on Hard Times

    On Tuesday, two leading credit-rating agencies again downgraded the city of Hartford: Moody’s Investors Service now rates the struggling city at Caa3, while S&P Global Ratings has lowered its rating to CC. They attribute the junk classification to the increasing likelihood of a default by Hartford on its debt service obligations to bondholders.

    Filed under:
    USA, Connecticut, Banking, Insolvency & Restructuring, Patterson Belknap Webb & Tyler LLP
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    McKay v. City of Detroit, Michigan (In re City of Detroit)
    2017-09-28

    The Sixth Circuit affirms the bankruptcy court’s interpretation of the creditor’s settlement agreement with the debtor. The agreement provided that the creditor released his claims against the city and the individual officers. The plan only provided for a small percentage to be paid on the claim, but stated claims against individual officers were not discharged by the plan. The creditor argued the settlement agreement should not be held to have released claims against the individual officers, but the court finds the plain language of the agreement makes clear such claims were released.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Olsen: A Cautionary Tale Regarding Due Process and 363 Sales
    2017-09-28

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, Due process, United States bankruptcy court
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Vendor Section 503(b)(9) Administrative Priority Claims: When Goods are Received is Critical
    2017-09-28

    Debtors in Chapter 11 proceedings rarely pay unsecured creditors a meaningful dividend on prepetition accounts receivable balances, much less pay them in full. In an era of aggressive lending to place capital in the market, loan to value ratios are high. When a company experiences financial distress or insolvency, unsecured creditors may be “out of the money” from the get-go.

    Filed under:
    USA, Insolvency & Restructuring, Shumaker Loop & Kendrick
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    11th Circuit Applies Totality-of-the-Circumstance Analysis to Judicial Estoppel
    2017-09-29

    On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal casesBarger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), adopting a totality-of-the-circumstances analysis when facing questions of judicial estoppel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Authors:
    David Long, Jr. , Andrew B. Buxbaum , Timothy "Tim" J. St. George
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court to consider statutory safe harbour for debtors' pre-petition securities transactions
    2017-09-29

    Introduction

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Security (finance), Seventh Circuit
    Authors:
    Trevor W. Swett III
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Ninth Circuit Opens the Door A Bit Wider for Recoveries from the IRS
    2017-09-25

    Avoiding a fraudulent transfer to the Internal Revenue Service (“IRS”) in bankruptcy has become easier, or at least clearer, as a result of a recent unanimous decision by a panel of the Court of Appeals for the Ninth Circuit, Zazzali v. United States (In re DBSI, Inc.), 2017 U.S. App. LEXIS 16817 (9th Cir. Aug. 31, 2017).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Patterson Belknap Webb & Tyler LLP, Internal Revenue Service (USA), Ninth Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Retail Bankruptcies Likely to Increase
    2017-09-25

    Filed under:
    USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    9th Cir. Holds Nevada Deficiency Limitation Preempted as to Transferees of FDIC
    2017-09-25

    The U.S. Court of Appeals for the Ninth Circuit recently affirmed final judgments against corporate borrowers and guarantors in three separate cases, holding that:

    (a) the Nevada statute limiting the amount of the deficiency recoverable in a foreclosure action was preempted by federal law as applied to transferees of the Federal Deposit Insurance Corporation (FDIC);

    (b) the plaintiff bank had standing to enforce the loans it acquired from the FDIC; 

    (c) the bank was not issue-precluded from showing that the subject loans had been transferred to it;

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Federal Deposit Insurance Corporation (USA), Ninth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    In Defense of Professional Fees
    2017-09-26

    In In re Hungry Horse, LLC, Adversary Proceeding No. 16-11222 (Bankr. D. N.M. September 20, 2017) (“Hungry Horse”), the New Mexico Bankruptcy Court reminded us that many U.S. Supreme Court opinions can be limited in scope and do not necessarily dispose of all potential remedies to an issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, FisherBroyles LLP
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 488
    • Page 489
    • Page 490
    • Page 491
    • Current page 492
    • Page 493
    • Page 494
    • Page 495
    • Page 496
    • …
    • 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