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    Jefferson County: state rate setting authority vs. the bankruptcy code
    2015-05-11

    Recently the Eleventh Circuit agreed to hear Jefferson County’s (“JeffCo”) petition for appeal of U.S. District Court Judge Sharon Blackburn’s ruling refusing to dismiss one of three appeals filed by JeffCo’s sewer system ratepayers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Constitutionality, United States bankruptcy court, Eleventh Circuit
    Authors:
    Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Oak Rock Financial District Court addresses the applicable legal standard for true participation agreements
    2015-05-11

    © 2015 Hunton & Williams LLP 1 May 2015 Oak Rock Financial District Court Addresses the Applicable Legal Standard for True Participation Agreements The United States District Court for the Eastern District of New York recently applied two tests, the True Participation Test and the Disguised Loan Test, to determine whether agreements were true participation agreements or disguised loans.1 In addition, the District Court noted that the most important question in such a determination is the risk of loss allocation in the transaction, and that if an alleged participant is not subject to the

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Supreme Court bankruptcy decision strengthens creditor leverage in plan negotiations
    2015-05-06

    On May 4, 2015, in the case Bullard v. Blue Hills Bank, the United States Supreme Court held that debtors in chapter 13 (and presumably chapter 9 and 11 as well) are not entitled as of right to immediately appeal bankruptcy court orders denying confirmation of a proposed plan of reorganization. This ruling, although consistent with a majority of circuit courts of appeal that have considered the issue, reversed governing precedent in several circuit courts—including the Third Circuit, which reviews Delaware bankruptcy court decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Bankruptcy, Debtor, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Douglas Hallward-Driemeier , D. Ross Martin
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Court of Chancery explains creditor’s right to file fiduciary duty claims
    2015-05-04

    Quadrant Structured Products Company Ltd. v. Vertin, C.A. 6990-VCL (May 4, 2015)

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morris James LLP, Fiduciary
    Authors:
    Edward M. McNally
    Location:
    USA
    Firm:
    Morris James LLP
    TransVantage bankruptcy leads to multiple lawsuits against motor carriers
    2015-05-04

    A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Shipping & Transport, Roetzel & Andress
    Authors:
    Chris Cotter
    Location:
    USA
    Firm:
    Roetzel & Andress
    For-profit Corinthian Colleges, Inc. files Chapter 11 bankruptcy in Delaware
    2015-05-04

    On May 4, 2015, one of the largest for-profit post-secondary education companies in the United States and Canada, Corinthian Colleges, Inc., and 24 of its affiliates, filed voluntary chapter 11 petitions in the Bankruptcy Court for the District of Delaware. The cases are docketed as case no. 15-10952 and have been assigned to the Honorable Kevin J. Carey. The petition lists assets of approximately $19.2 million and liabilities of $143.1 million.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Public, Morris James LLP
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Distributions – section 1143
    2015-05-04

    The hard work has been done – the plan has been negotiated and confirmed, the confirmation order has been entered, and holders of allowed claims (and maybe even interest holders) await their distribution under the plan. A plan, however, may require that creditors or equity holders take certain acts prior to participation in the plan distribution, or forfeit their right to participate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Code—appealability of order denying confirmation of plan
    2015-05-05

    Bullard v. Blue Hills Bank, No. 14–116 (previously described in the December 15, 2014, Docket Report)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor
    Authors:
    Thomas S. Kiriakos , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Debtors’ ability to appeal denial of plan confirmation is limited by new Supreme Court decision
    2015-05-05

    On May 4, 2015, the Supreme Court issued its opinion in Bullard v. Blue Hills Bank, holding that an order denying confirmation of the debtor’s proposed chapter 13 plan is not a “final” order that the debtor can immediately appeal. This holding could have a far-reaching impact on individual and corporate debtors in both chapter 11 and chapter 13 by in most instances eliminating their second bite at the apple in seeking confirmation of a plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stinson LLP, United States bankruptcy court, First Circuit
    Authors:
    Nicholas Zluticky
    Location:
    USA
    Firm:
    Stinson LLP
    Section 546(e) protects two tiered securitization structures
    2015-05-05

    What happens when a debtor, whose loan is pooled and securitized, files for bankruptcy? Are payments made to investors recoverable as fraudulent transfers or preferences?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Dechert LLP, Commercial mortgage-backed security
    Authors:
    Leszek Dowgier
    Location:
    USA
    Firm:
    Dechert LLP

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