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    Delaware bankruptcy court follows Momentive and denies noteholders’ make-whole claims
    2015-04-09

    The bankruptcy case of Energy Future Holdings (EFH) and its affiliates has already provided the Delaware bankruptcy court occasion to tackle a number of important bankruptcy questions, including the propriety of using tender offers to settle noteholder claims during the pendency of the case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, ArentFox Schiff, Maturity (finance), United States bankruptcy court
    Authors:
    Andrew I. Silfen , Mark B. Joachim , Manuel G. Arreaza
    Location:
    USA
    Firm:
    ArentFox Schiff
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Corporate governance in chapter 11 – business as usual, with possible exceptions
    2015-04-11

    Under the Bankruptcy Code, a debtor in possession operates its business “as usual” during the pendency of a case. Likewise, in most cases, prepetition corporate governance practices and procedures should continue post-petition. In fact, as Judge Sontchi recently held in In re SS Body Armor I, Inc., Case No. 10-1125(CSS) (Bankr. D. Del. April 1, 2015), the right of a shareholder to compel a shareholders’ meeting for the purpose of electing a new board of directors continues during bankruptcy.  Absent “clear abuse,” the automatic stay of 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Corporate governance, Debtor in possession
    Authors:
    Michael R. Lastowski
    Location:
    USA
    Firm:
    Duane Morris LLP
    Entry of punitive damages for car dealership reversed; developers notes considered senior debt
    2015-04-11

    This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car dealership because the defendant’s delay in answering complaint was not unreasonable when defendants tendered complaint to attorney when served; and (b) an Eleventh Circuit decision regarding the classification of promissory notes from an involvement developer as senior debt in a bankruptcy.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Sirote & Permutt PC, Punitive damages, Default judgment, Prejudice
    Authors:
    J. Winston Busby
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Nonprofit governance and fiduciary duties: court holds directors personally liable for mismanagement
    2015-04-07

    A recent court ruling highlights the need for robust governance practices for nonprofits, particularly those facing financial difficulties.  The Third Circuit Court of Appeals affirmed a jury’s award of $2.25 million in compensatory damages against former directors and officers of a bankrupt nonprofit corporation - personal liability for breach of fiduciary duties and “deepening insolvency.”1  The court also affirmed punitive damages against the officer defendants, but vacated the award of punitive damages against the director defendants.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Seyfarth Shaw LLP, Punitive damages, Fiduciary
    Authors:
    Ofer Lion , Douglas M. Mancino , Christian Canas
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    General Assembly considers municipal/local government bankruptcy legislation
    2015-04-07

    Illinois legislators are considering a bill that would amend the Illinois Municipal Code to allow municipalities and other local government entities to file for bankruptcy. Representative Ron Sandack (R-Downers Grove) has called it a “measure of last resort” for municipalities with increasing debts, including police and firefighter pension obligations. Governor Rauner has indicated previously that he supports the concept, and local leaders are evaluating the need for such protection in light of dire fiscal projections. 

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Public, Franczek Radelet PC, Bankruptcy, Illinois General Assembly
    Authors:
    Patrick M. DePoy , Jennifer A. Dunn
    Location:
    USA
    Firm:
    Franczek Radelet PC
    What do I need to bring to 341 meeting?
    2015-04-07

    Clients always ask what to bring to their 341 Meeting of Creditors.  This question is often asked multiple times by the same person.  The 341 Meeting of Creditors is often an unknown.  Most of my clients, it is their first time filing bankruptcy and they are nervous about the meeting. Never fear. When attending your 341 Meeting of Creditors, you need to bring with you:

    Filed under:
    USA, Insolvency & Restructuring, DelCotto Law Group PLLC
    Authors:
    Clair Edwards
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Recent case law impacting debt transactions
    2015-04-08

    Two recent decisions of the US District Court for the Southern District of New York may complicate future debt exchange offers. The cases address the validity, under the Trust Indenture Act of 1939, as amended (the Act), of indenture amendments that delete substantive covenant protections in the context of out-of-court debt restructurings. Such amendments are a common feature of debt exchange and cash tender offers and are often essential to achieve a restructuring outside of bankruptcy court.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Arnold & Porter, Debt
    Authors:
    Christopher J. Konieczny , Christopher P. Peterson
    Location:
    USA
    Firm:
    Arnold & Porter
    Everyware Global, Inc., leading global marketer of food preparation products, files prepackaged bankruptcy case
    2015-04-08

    On April 7, 2015, Everyware Global, Inc. and 12 affiliates filed a prepackaged chapter 11 case in Delaware.  Affiliates include such names as Oneida, Anchor Hocking, Kenwood Silver, Sakura and Universal Tabletop.  The case is docketed as case no. 15-10743 and has been assigned to the Honorable Laurie Selber Silverstein.  A chapter 11 plan and disclosure statement has been filed with the petition.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Morris James LLP
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Death: the ultimate hardship discharge?
    2015-04-08

    Trying to discharge your personal debts?  Well, here is a new method: in 

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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