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    Borrower successfully blocks assignment of loan to distressed debt hedge funds
    2014-06-12

    In Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd., et al., No. 13-5503(W.D. Wash. Mar.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Hedge funds, Distressed securities
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Debtor permitted to assume license agreement but reject other related agreements
    2014-06-12

    In In re Physiotherapy Holdings, Inc., 506 B.R. 619 (Bankr. D. Del. 2014) (No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos , Michael F. Lotito
    Location:
    USA
    Firm:
    Mayer Brown
    Pros and cons of the pre-pack bankruptcy
    2014-06-05

    Energy Future Holdings Corp. filed a prepackaged ("pre-pack") chapter 11 in April 2014 seeking a complete restructuring and quick-exit from bankruptcy, aiming to be in and out of bankruptcy in under 11 months. In May 2014, the Bankruptcy Court for the District of Delaware confirmed the prepackaged disclosure statement and reorganization plan of Quiznos, and on May 23, 2014, the Bankruptcy Court for the Southern District of New York approved a $570 million loan in the Momentive Performance Materials prepack bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Fourth Circuit holds that chapter 7 trustees are entitled to commission-based payments in the absence of extraordinary circumstances
    2014-06-06

    Professional compensation is often a contentious issue in bankruptcy, as we have previously discussed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Breaking news: unanimous Supreme Court closes statutory gap, leaves other “core” Stern questions for another day (Executive Benefits Insurance Agency v. Arkison)
    2014-06-09

    This morning, the Supreme Court issued its hotly anticipated decision in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Supreme Court - June 9, 2014
    2014-06-09

    The Supreme Court of the United States announced decisions in three cases today:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dorsey & Whitney LLP, Statute of limitations, Ninth Circuit, United States bankruptcy court
    Authors:
    Steven J. Wells , Timothy J. Droske
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    U.S. Supreme Court issues ruling in In re Bellingham
    2014-06-10

    On June 9, 2014, the United States Supreme Court issued a unanimous opinion in Exec. Benefits Ins. Agency, Inc. v. Arkison (In re Bellingham Ins. Agency, Inc.), 573 U.S. ___ (2014), affirming the Ninth Circuit and holding that, while the Constitution does not permit a bankruptcy court to issue a final ruling in certain circumstances, it is permitted to issue proposed findings of fact and conclusions of law to be reviewed de novo by the district court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Federal Reporter, Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP

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