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    Fraudulent transfer: a case where strong arm powers were “an inch too short”
    2014-08-29

    Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Post-petition interest: not very predictable
    2014-08-22

    Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) –

    A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition interest: If and when did it become oversecured and thus entitled to interest? Was it entitled to interest at the default rate? Should the interest be compounded?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    What's in a name? Amendments to the Uniform Fraudulent Transfer Act
    2014-08-15

    On July 16, 2014, the Uniform Law Commission (the “Commission”) approved a series of discrete amendments to the Uniform Fraudulent Transfer Act (the “UFTA”) and renamed it the Uniform Voidable Transactions Act (the “UVTA”). The UVTA is intended to address inconsistency in the courts, better harmonize with the Bankruptcy Code and the Uniform Commercial Code (the “UCC”), and provide litigants with greater certainty in its application to a fraudulent transfer action.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Foreclosure
    Authors:
    Jonathan F. Korman , Laura P. Amato
    Location:
    USA
    Firm:
    Reed Smith LLP
    Mind your Ds and Os: policy language proves determinative in director and officer insurance coverage
    2014-08-15

    A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition.  These cases, one holding for the insured and one for the insurer, demonstrate that a policy’s terms can be absolutely critical if the insured seeks indemnification for defense costs. 

    Filed under:
    USA, New York, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Proskauer Rose LLP, Unjust enrichment
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Dealing with difficult debtors
    2014-08-15

    This article was first published in the summer 2014 issue of NABTalk, the publication of the National Association of Bankruptcy Trustees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stinson LLP, Debtor, Contempt of court
    Authors:
    Marc E. Albert
    Location:
    USA
    Firm:
    Stinson LLP
    Fourth Circuit issues reminder to plan proponents: evidentiary support is required for non-debtor releases
    2014-08-15

    For some time, there has been a split among the circuit courts as to whether the Bankruptcy Code permits non-consensual releases of non-debtor entities under a plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Debtor, Fourth Circuit
    Location:
    USA
    Firm:
    Cooley LLP
    Bankruptcy court lacks subject matter jurisdiction to determine tax refund claim requested by post-confirmation liquidating trustee
    2014-08-18

    A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession, the Second Circuit held in United States v. Bond, Docket No. 12-4803 (2nd Cir. Aug. 13, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Debtor, Liquidation, Subject-matter jurisdiction, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Recent developments in acquisition finance
    2014-08-18

    Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange and provide financing for certain highly leveraged transactions, and also provide guidance to those considering a loan-to-own or related acquisition strategy, in order to help avoid potential pitfalls. 

    Revised Leveraged Lending Guidance

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Dechert LLP, Leverage (finance)
    Authors:
    Jeffrey M. Katz , Scott M. Zimmerman
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy auctions present opportunities to acquire energy assets with limited risk
    2014-08-18

    Energy industry bankruptcies of all types are expected to increase, offering an opportunity for companies to acquire assets for their operating portfolios while taking advantage of the bankruptcy process. We have received numerous inquiries about how the bankruptcy process can be used to acquire assets. This Insight provides answers to frequently asked questions about what is known as the 363 or "stalking horse" bankruptcy auction process.

    WHAT IS THE OPPORTUNITY?

    Filed under:
    USA, Insolvency & Restructuring, Stinson LLP, Bankruptcy
    Authors:
    Edwin H. Caldie , Marc E. Albert , Robert Kugler
    Location:
    USA
    Firm:
    Stinson LLP
    Can the FDIC assert direct as well as derivative claims of stockholders of failed banks? The Seventh Circuit says “no (but maybe they should)”
    2014-08-19

    In Levin v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Shareholder, Fiduciary, Holding company, Federal Deposit Insurance Corporation (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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