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    New Delaware Chapter 11 Filing - Aerogroup International, Inc.
    2017-09-15

    Aerogroup International, Inc., along with five 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. 17-11962).

    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
    9th Cir. Holds Creditor in Fraudulent Transfer Action May Recover Amounts Above Collateralized Debt
    2017-09-18

    The U.S. Court of Appeals for the Ninth Circuit recently held that, where husband and wife debtors fraudulently transferred assets, the creditor was entitled to the full sum the creditor would have recovered and was not limited to the amount of the collateralized debt.

    In so ruling, the Ninth Circuit reversed a bankruptcy court and trial court judgment in the creditor’s favor that the debt was non-dischargeable due to the debtor’s fraud, but improperly limiting the non-dischargeable debt to only the collateralized amount.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Ninth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Tenants Take Caution, Ninth Circuit Allows Bankrupt Landlord to Sell Property Free and Clear of Leases
    2017-09-18

    Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Paul Hastings LLP, Ninth Circuit
    Authors:
    Jeffrey Diener , Todd M. Schwartz , Michael Lin
    Location:
    USA
    Firm:
    Paul Hastings LLP
    The Third Circuit Weighs in on The Warn Act
    2017-09-18

    Short Summary

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Cole Schotz PC, Worker Adjustment and Retraining Notification Act 1988 (USA), Code of Federal Regulations, Third Circuit
    Authors:
    Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Jevic Files
    2017-09-18

    The bankruptcy bar is abuzz following the Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp., 15-649, 2017 BL 89680, 85 U.S.L.W. 4115 (Sup. Ct. March 22, 2017), holding that bankruptcy courts may not approve structured dismissals that do not adhere to the Bankruptcy Code’s priority scheme.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    8th Cir. Holds Deficiency Claim Time Barred Despite Intervening Bankruptcy
    2017-09-05

    The U.S. Court of Appeal for the Eighth Circuit recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial foreclosure. 

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

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, US Code, Eighth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols
    2017-09-05

    In Short

    The Situation: In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures. The protocols are sometimes adapted to address case-specific issues.

    The Result: Case-specific provisions tend to address information-sharing guidelines, claims reconciliation, the management of assets, and dispute resolution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Dispute resolution, US District Court for the Southern District of New York
    Authors:
    Kevyn D. Orr , Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    Can Same-Sex Couples Own Real Property as Tenants by the Entirety in Michigan?
    2017-09-06

    Two years have passed since the United States Supreme Court passed down a 5-4 decision in Obergefell v. Hodges which held that same-sex couples have a fundamental right to marry under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Foster Swift Collins & Smith PC, Obergefell v. Hodges, Supreme Court of the United States
    Authors:
    Steven L. Owen
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Supreme Court to Address Circuit Split Regarding Debt Re-Characterization Claims
    2017-09-06

    On June 26, 2017, the Supreme Court granted certiorari in PEM Entities v. Levin to decide whether bankruptcy courts should apply a federal multi-factor test or an underlying state law when deciding whether to re-characterize a debt claim as equity. The Court’s decision to grant cert in this case should resolve a circuit split and clarify the law as it relates to re-characterizing corporate debt as equity.

    Filed under:
    USA, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Bankruptcy, Debt, United States bankruptcy court
    Authors:
    Thomas K. Dillon , Steven L. Owen , Patricia J. Scott , Laura J. Genovich , Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The CFPB thinks it has it tough now
    2017-09-06

    The chorus is getting louder from the stakeholders in the consumer finance and housing industries for legislative, executive or judicial re-structuring of the CFPB, so the CFPB probably thinks it has it pretty tough right now.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Sirote & Permutt PC, Mortgage loan, Mortgage-backed security, US Department of Commerce, Consumer Financial Protection Bureau (USA)
    Authors:
    Stephen Collins
    Location:
    USA
    Firm:
    Sirote & Permutt PC

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