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    New Delaware Chapter 11 Filing - USAE, LLC
    2017-08-22

    USAE, LLC, f/k/a U.S. Aerospace LLC, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11778). Based in Wilmington, DE, USAE produces aircraft assemblies, structural components and highly engineered, precision machined details for the U.S. Government, U.S. Airforce and companies such as Lockheed Martin and Boeing.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    The “Absolute Priority Rule” and Other “Rules” of “Priority” in Bankruptcy
    2017-08-22

    Phil Anker, in this article published by DailyDAC's Commercial Bankruptcy Alternatives, explores the “Absolute Priority Rule” and other “Rules” of “Priority” in bankruptcy, and if they really are “absolute,” if they really are “rules,” and if they always provide “priority” to some claimants over others.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wilmer Cutler Pickering Hale and Dorr LLP, Bankruptcy, Leveraged buyout, Debtor in possession
    Location:
    USA
    Firm:
    Wilmer Cutler Pickering Hale and Dorr LLP
    The Key to Having Peace of Mind When Filing for Bankruptcy
    2017-08-23

    Filing for bankruptcy is one of the most challenging experiences you can ever have. In fact, the things that happen before bankruptcy – calls from debt collectors, receiving garnishments, and the fear of losing your investments including your home and your car – can drive anyone to physical and mental exhaustion.

    Filed under:
    USA, Insolvency & Restructuring, BakerHostetler
    Location:
    USA
    Firm:
    BakerHostetler
    Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt
    2017-08-23

    Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In Failla, the Eleventh Circuit held that a debtor who files a statement of intention to “surrender” his or her house in bankruptcy may not oppose the secured creditor’s foreclosure proceeding in state court. Failla is a significant victory for secured creditors for two primary reasons. First, the Eleventh Circuit interpreted the meaning of “surrender,” as used in 11 U.S.C.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Delaware Law Updates: 2017 Year to Date Review
    2017-08-23

    Our Delaware Corporate and Alternative Entity Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2017 Year to Date Review is a collection of brief summaries of selected cases concerning Delaware Corporate and Alternative Entity Law. While this list is a selection of important cases, our intent is to provide our readers with the rationale behind a court’s holding to ultimately provide information that may be helpful in strategic and business decisions concerning litigation and commercial arrangements.

    Filed under:
    USA, Delaware, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, McCarter & English LLP, Delaware Court of Chancery, Delaware Supreme Court
    Authors:
    Philip D. Amoa , David F. Broderick , Daniel J. Brown , Andrew S. Dupre , Michael P. Kelly , Hayley J. Reese , R. Andrew Richards , Matthew Rifino , Daniel M. Silver , Benjamin A. Smyth
    Location:
    USA
    Firm:
    McCarter & English LLP
    The Jevic Files Continue: Pioneer-ing the Post-Jevic Era, and Wondering if Jevic Altered Critical Vendor Theory After All?
    2017-08-23

    Editors’ Note: The Supreme Court’s Jevic ruling last spring remains a treasure trove of bankruptcy theory, suitable for the novice bankruptcy student and highly instructional for those of us who have practiced in chapter 11 for years. We at The Bankruptcy Cave like it so much that we will be offering a few more posts in upcoming weeks on the lower courts’ interpretation of Jevic since the spring, the continued efforts in Delaware to sidestep Jevic, and other important learning from the case.

    Filed under:
    USA, Mississippi, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Justin A. Morgan
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Third Circuit Applies More Flexible Standard for WARN Exemption
    2017-08-24

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), Third Circuit
    Authors:
    Megan M. Wasson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    In re Stapp
    2017-08-24

    (Bankr. S.D. Ind. Aug. 21, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Fla. App. Court (5th DCA) Reverses Foreclosure Judgment That Excluded Interest, Escrow
    2017-08-24

    The District Court of Appeal of the State of Florida, Fifth District, recently reversed final judgment of foreclosure entered in favor of a mortgagee that omitted interest and escrow amounts due, and remanded to the trial court to modify judgment to include these amounts.

    In so ruling, the 5th DCA determined that the mortgagee met its burden to provide the trial court with figures necessary to calculate the interest and escrow amounts through its witnesses’ testimony and evidence.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    “Spanish Peaks” and Leases in a Landlord’s Bankruptcy - Tenants Beware!
    2017-08-25

    The recent Spanish Peaks decision from the Ninth Circuit (covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington) deepens the split in case law on the ability to strip off leases in a landlord/borrower bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Pillsbury Winthrop Shaw Pittman LLP, Ninth Circuit, United States bankruptcy court, Seventh Circuit
    Authors:
    Caroline A. Harcourt
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP

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