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    Recent “family farmer” case shows how secured creditors can avoid being plowed down by unfair cramdown provisions
    2014-10-31

    There has been quite a lot of discussion over the past few months about the bench rulings issued by Judge Drain of the Bankruptcy Court for the Southern District of New York inMomentive Performance Materials (see our extensive coverage in four parts here, 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive postscript – Bankruptcy Rule 3018: vote changing on Chapter 11 plans: you can’t have your cake and eat it, too
    2014-11-03

    “Life is not about perfect information. Life is about choices, which is why you have elections.”

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Opportunistic acquisitions: buying assets through bankruptcy
    2014-11-03

    Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of the land when looking for a bargain. For example, in the last two years, Wanxiang Group purchased 

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Foley & Lardner LLP, Bankruptcy
    Authors:
    Nicholas E. Williams
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Ordinary course of business preference defense clarified in a recent SDNY Bankruptcy Court decision
    2014-11-03

    Almost every significant bankruptcy case eventually involves preference demands and litigation. Around this abundance of litigation developed a significant body of jurisprudence, to which Judge Sean Lane of the Southern District of New York Bankruptcy Court recently added in clarifying the ordinary course of business preference defense.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, ArentFox Schiff, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Robert M. Hirsh , David J. Kozlowski
    Location:
    USA
    Firm:
    ArentFox Schiff
    Medical marijuana: what happens in bankruptcy (not much)
    2014-11-04

    In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) –

    The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13 case. The case turned on the impact of the federal Controlled Substances Act.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Federal preemption, Bankruptcy, Debtor, Medical cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Time to file proof of claim with Lumbermens in liquidation
    2014-11-04

    November 10, 2014, is the deadline for filing proof of claims with the Office of the Special Deputy Receiver in Illinois regarding the estates of Lumbermens Mutual Casualty Company, American Manufacturers Mutual Insurance Company and American Motorists Insurance Company. Those insurance companies are all part of the Lumbermens Mutual Group and were formerly known as Kemper. They entered liquidation on May 10, 2013.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Insurance, Reed Smith LLP
    Authors:
    Timothy P. Law , Paul Walker-Bright , Laura M. Geiger , Kevin B. Dreher
    Location:
    USA
    Firm:
    Reed Smith LLP
    When things do not go as planned in a bankruptcy sale
    2014-11-04

    Editor’s note: this post originally appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy
    Authors:
    Jeffrey A. Krieger
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Give and take: Delaware bankruptcy court dismisses trustee’s turnover and avoidance claims relating to debtor’s net operating losses
    2014-11-04

    Are a debtor’s net operating losses considered property of the estate when they are reported on a consolidated tax return by a non-debtor parent? We previously wrote about this issue here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To deem accepted or not to deem accepted . . . that is the question
    2014-11-05

    Yesterday, many citizens all over the country voted for local and state leaders and proposed ballot measures in their districts. Social media was abuzz with uploaded photos of individuals donning “I voted” stickers, and timelines were flooded with status messages urging people to exercise their civic rights and vote. Nevertheless, there were also those that opted not to vote, and their respective reasons varied.

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Public, Weil Gotshal & Manges LLP
    Authors:
    Candace Arthur
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Proposed changes to proof of claim procedure require mortgagees to provide more information in less time
    2014-11-05

    On August 15, 2014, the Judicial Conference Advisory Committee on Rules of Practice and Procedure published a preliminary draft of proposed amendments to the Federal Rules of Bankruptcy Procedure and Official Forms. If adopted, several of the amendments will have a noticeable effect on mortgagees.

    Filed under:
    USA, Insolvency & Restructuring, Pierce Atwood LLP
    Authors:
    Ryan F. Kelley
    Location:
    USA
    Firm:
    Pierce Atwood LLP

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