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    SALT Implications of Proposed Section 385 Debt/Equity Regulations
    2016-05-18

    Summary

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Tax, McDermott Will & Emery, Debt
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Commercial Landlords: Don’t Terminate That Defaulting Lease Yet!
    2016-05-19

    Smart Summary for Commercial Landlords

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kegler Brown Hill + Ritter, Bankruptcy, Debtor, Commercial property, Landlord, Leasehold estate, Default (finance), United States bankruptcy court
    Authors:
    Larry J. McClatchey
    Location:
    USA
    Firm:
    Kegler Brown Hill + Ritter
    Supreme Court Expands Fraud Exception to Favor Creditors
    2016-05-19

    On May 16, 2016 the United States Supreme Court issued an opinion regarding the meaning of “actual fraud” under the Bankruptcy Code. Husky Int’l Electronics, Inc. v. Ritz represents a win for creditors by making it easier to show that a debtor committed fraud. A showing of a more general fraud, as opposed to a specific false representation by the debtor, will suffice to prevent certain debts from being discharged in bankruptcy.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Foley & Lardner LLP, Fraud, Supreme Court of the United States
    Authors:
    Jill L. Nicholson , Charles Tabb , Matthew J. Stockl
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Lessons in Local Rules and Civility
    2016-05-19

    Early this week, a California Bankruptcy Court schooled counsel on abiding by local rules, avoiding gamesmanship, and maintaining a level of civility in litigation proceedings. These lessons arose in the context of an adversary proceeding in which counsel filed an emergency motion for a continuance of the deadline to respond to a complaint following retention of new counsel.

    Lesson #1: Check for Typos

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 3
    2016-05-19

    Yes, Gathering Agreements Can Be Rejected as Executory Contracts (At Least Under One Court’s Interpretation of Texas Law)

    Filed under:
    USA, New York, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Bankruptcy, Personal property, Second Circuit, Texas Supreme Court
    Authors:
    Dion W. Hayes , James E. Van Horn , John H. Thompson , Mark A. Platt , Kyle R. Hosmer
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Make Me a Tender Offer! EFH Settlement Gets Third Circuit Approval
    2016-05-16

    On May 4, 2016, the Court of Appeals for the Third Circuit held that a bankruptcy settlement in the form of a tender offer did not violate the principles of the bankruptcy process. See opinion here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Secured creditor, Tender offer, United States bankruptcy court, Third Circuit
    Authors:
    Aditi Kulkarni
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Breaking the Code - Section 365(a) - Cherry Picking Executory Contracts
    2016-05-17

    In our latest installment of “Breaking the Code”, we take a look at a common section of the Bankruptcy Code that comes up in nearly every chapter 11 case: section 365(a). Section 365 contains one of the most powerful rights conferred upon a chapter 11 Debtor: the right to take a step back, evaluate its contracts and leases, and assume profitable agreements while rejecting unprofitable agreements.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fraudulent Transfer Judgments May Survive a Debtor’s Bankruptcy Filing: Supreme Court Clarifies Meaning of “Actual Fraud”
    2016-05-17

    A Supreme Court ruling this week should give creditors a powerful tool to collect their debts from debtors who try to transfer assets before seeking bankruptcy protection. The primary reason an individual may turn to personal bankruptcy is to protect assets from creditor collection while obtaining a “discharge” from debts. Such protection is increasingly necessary where an individual is being pursued by one or more creditors, particularly where those creditors may have obtained (or are about to obtain) judgments against the individual.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Dykema Gossett PLLC, Bankruptcy, Debtor, Fraud, Debt, Supreme Court of the United States
    Authors:
    Aaron M. Kaufman
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to Appeal $6,000,000 Verdict
    2016-05-17

    A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the district court. In Rosenberg v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, United States bankruptcy court
    Authors:
    James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    SCOTUS Gives Creditors Greater Capacity to Allege Fraud in Bankruptcy Proceedings
    2016-05-17

    In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz) addressing a circuit split on whether “actual fraud” requires a debtor in bankruptcy to have made a false representation. The 7-1 majority found that “actual fraud” under §523(a)(2)(A) of the Bankruptcy Code to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons Bingham Greenebaum LLP, Bankruptcy, Debtor, Fraud, Supreme Court of the United States
    Authors:
    April A. Wimberg
    Location:
    USA
    Firm:
    Dentons Bingham Greenebaum LLP

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