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    Fifth Circuit holds foreign representatives may bring foreign law avoidance actions under Chapter 15 of Bankruptcy Code
    2010-04-05

    The United States Court of Appeals for the Fifth Circuit on March 17, 2010 held that foreign representatives appointed in a foreign insolvency proceed-ing have the authority to bring a foreign law based avoidance action in an ancillary bankruptcy proceeding commenced under Chapter 15 of the Bankruptcy Code, reversing the lower court opinions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Liquidation, Subject-matter jurisdiction, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Dechert LLP
    Section 337 advisory - the collision of Section 337 and the US bankruptcy laws
    2010-04-05

    Welcome to the latest issue of the Section 337 Update. This newsletter is designed to provide you with practical updates and developments on Section 337 proceedings before the US International Trade Commission.

    The Collision of Section 337 and the US Bankruptcy Laws

    Filed under:
    USA, Insolvency & Restructuring, Trade & Customs, Steptoe LLP, Bankruptcy, Debtor, Federal Reporter, Foreclosure, Liquidation, Welfare, US Congress, Samsung, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Steven J. Barber , George R. Calhoun V , Alice Alexandra Kipel , Tiffany A. Miller , Charles F. Schill
    Location:
    USA
    Firm:
    Steptoe LLP
    Good as gold: obtaining and retaining perfected security interests in borrower bank accounts
    2010-04-14

    A corporate borrower’s bank accounts can provide powerful security for lenders, especially if the secured party knows that it can quickly and easily sweep the funds if the borrower defaults.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Debtor, Default (finance), Secured loan
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Delaware Bankruptcy Court revises Local Rules
    2010-04-13

    On February 1, 2010, the United States Bankruptcy Court for the District of Delaware revised its Local Rules. A clean copy of the Local Rules are available here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Consent, Mediation, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Employee fired for planning to file for bankruptcy can pursue retaliation claim
    2010-04-13

    The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection. A federal court in Wisconsin has extended this retaliation protection to an employee who intended to file for bankruptcy (and later did so). In Robinette v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Bankruptcy, Discrimination, Credit union, Summary offence, US Federal Government, Ninth Circuit
    Authors:
    Victor Schachter , Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    First Midwest Bank assumes all of the deposits of Peotone Bank and Trust Company
    2010-04-25

    Friday, the Illinois Department of Financial and Professional Regulation, Division of Banking closed Peotone Bank and Trust Company, headquartered in Peotone, Illinois, and the FDIC was appointed receiver.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    MB Financial Bank, National Association assumes all of the deposits of Broadway Bank and New Century Bank
    2010-04-25

    Friday, the Illinois Department of Financial and Professional Regulation, Division of Banking closed Broadway Bank , headquartered in Chicago, Illinois, and New Century Bank, headquartered in Chicago, Illinois, and the FDIC was appointed receiver for both banks.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Republic Bank of Chicago assumes all of the deposits of Citizens Bank&Trust Company of Chicago
    2010-04-25

    Friday, the Illinois Department of Financial and Professional Regulation, Division of Banking closed Citizens Bank&Trust Company of Chicago, headquartered in Chicago, Illinois, and the FDIC was appointed receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jessica Hartzog
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Magic brands, owner of Fuddruckers and Koo Koo Roo, files for bankruptcy
    2010-04-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Dividends, Brand, Limited liability company, Debt, Secured loan, Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Survival and self-help strategies during the credit crunch
    2010-04-23

    Debt for Equity Exchanges Outside Bankruptcy

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Haynes and Boone LLP, Bond market, Bankruptcy, Debtor, Private equity, Interest, Hedge funds, Debt, Maturity (finance), Refinancing, Distressed securities, Warrant (finance), Credit crunch, United States bankruptcy court
    Authors:
    Theresa Einhorn
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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