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    Breaking ranks: Garlock reaches unprecedented deal with future claims representative on value of trust for asbestos claims
    2015-01-21

    In another major development in a case that continues to redefine the standard procedures in asbestos-related bankruptcy proceedings, on January 13, 2015, Garlock Sealing Technologies LLC announced that it had reached an agreement with the representative for future asbestos claimants that would settle all present and future asbestos claims for $358 million. The current net present value of the settlement is reportedly $205 million – considerably higher than the bankruptcy court’s liability estimate of $125 million, but well below the $1.3 billion plaintiffs had been seeking.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Debevoise & Plimpton
    Authors:
    Mark P. Goodman , Robert D. Goodman , M. Natasha Labovitz , Maura Kathleen Monaghan , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    A wellness check for bankruptcy: confusion reigns
    2015-01-20

    Last week’s Supreme Court arguments on bankruptcy jurisdiction in Wellness Int’l Network Ltd. v. Sharif, No. 13-935 (S.Ct.), are enough to strike fear into the heart of any bankruptcy buff. What emerges from the transcript of the oral arguments is, in a word, confusion. This bodes ill for an early resolution of the upheaval created by the Supreme Court’s decision in Stern v. Marshall, ___ U.S. ___, 131 S.Ct. 2594 (2011), limiting the power of bankruptcy judges to decide certain matters that arise in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    The Seventh Circuit interprets Wisconsin exemption law on college savings accounts and retirement annuities, but did it have jurisdiction? (part 1 of 2)
    2015-01-20

    In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), resolved a couple of “questions of first impression,” slip op.

    Filed under:
    USA, Wisconsin, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Seventh Circuit
    Authors:
    Thomas L. Shriner Jr , Rachel M. Blise
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Show me the money – courts in the Second Circuit continue to apply section 109 to Chapter 15 cases and cash in the bank does the job
    2015-01-20

    In December 2013, the Court of Appeals for the Second Circuit held that section 109 of the Bankruptcy Code was applicable to Chapter 15 cases.  In Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Title 11 of the US Code, Second Circuit
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Tenth Circuit BAP adopts majority rule that bankruptcy estate does not include property placed in escrow by the debtor absent debtor’s compliance with escrow terms
    2015-01-20

    In its opinion in LTF Real Estate Company, INc. v. Expert South Tulsa, LLC (In re Expert South Tulsa), 2014 WL 6845675 (10thCir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Examining the enforceability of prepetition waivers of the automatic stay
    2015-01-20

    Recently, a bankruptcy court for the district of Puerto Rico held that a debtor’s waiver of the automatic stay contained in a pre-petition forbearance agreement was enforceable. In re Triple A & R Capital Inv., Inc., 519 B.R. 581 (Bankr. D.P.R. 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Debtor, Waiver, United States bankruptcy court
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Bankruptcy sales: “it ain’t over ’til it’s over”
    2015-01-20

    Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) –

    Filed under:
    USA, North Dakota, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Significant multiemployer and single employer benefit rule changes take effect
    2015-01-20

    On December 16, 2014, President Obama signed into law the $1.1 trillion Consolidated and Further Continuing Appropriations Act of 2015 (Appropriations Act), which includes some significant changes to the rules governing multiemployer pension plans, as well as a few changes affecting single employer pension plans.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Proskauer Rose LLP, Endangered species, Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA)
    Authors:
    Ira M Golub , Robert M. Projansky , Justin S. Alex
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    ABI chapter 11 Reform Commission series: claims trading
    2015-01-20

    As our loyal readers know, the Weil Bankruptcy Blog is running a series of posts discussing the various interesting topics covered in the American Bankruptcy Institute Commission to Study the Refo

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tronox: the weed that choked a flower – lessons for buyers on proving solvency
    2015-01-20

    As discussed in Part 1 and Part 2 of this series, any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Stinson LLP
    Authors:
    Paul M. Hoffmann
    Location:
    USA
    Firm:
    Stinson LLP

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