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    Caveat emptor: bankruptcy claims buyers beware as Third Circuit affirms KB Toys
    2013-12-02

    Due to inconsistent decisions in the Second Circuit and Third Circuit, there has been some uncertainty as to whether a purchaser of a bankruptcy claim is subject to defenses that a debtor would have against the original creditor. Recently, this issue was settled with respect to cases filed in the Third Circuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Uniform Commercial Code (USA), Third Circuit
    Authors:
    Kenneth L. Rothenberg , David J. Hoyt , Paul N. Silverstein
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Application of the judicial estoppel doctrine in Florida, Georgia, and Federal Courts
    2013-12-02

    Florida’s Use of Judicial Estoppel

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Carlton Fields, Estoppel, Florida Supreme Court
    Authors:
    Jennifer M. McPheeters , Sylvia H. Walbolt
    Location:
    USA
    Firm:
    Carlton Fields
    Third Circuit rules that avoidance risk travels with claims
    2013-12-03

    Recently, in connection with the bankruptcy case of KB Toys, the Third Circuit Court of Appeals disallowed a claim held by a claim purchaser, citing that the original holder of the claim had received a preference payment prior to the bankruptcy case.1 The ruling affirmed an earlier decision of the Delaware Bankruptcy Court, which we discussed in a previous memorandum2, in which the Bankruptcy Court held that (i) a claim in the hands of a transferee has the same rights and disabilities as the claim had in the hands of the original claimant; and (ii) disabilities attach t

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Interesting ResCap factOID – court rejects effort to disallow portion of bond claims based on “original issue discount”
    2013-12-03

    In an opinion that will have a significant impact on the viability of debt for debt exchanges and out of court restructurings, Judge Martin Glenn of the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Collateral (finance), Debt, Maturity (finance), Fair market value
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Section 1110 implications of Second Circuit AMR make-whole ruling
    2013-12-03

    On September 12, 2013, the U.S. Court of Appeals for the Second Circuit (the Second Circuit) affirmed the rulings of the U.S. Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) in the bankruptcy cases of American Airlines and related debtors (the Debtors) holding that the Debtors do not have to pay a make-whole premium when repaying certain of their outstanding financings (the Indentures).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Vedder Price PC, Contractual term, Debtor, American Airlines, Second Circuit, United States bankruptcy court
    Authors:
    Michael J. Edelman
    Location:
    USA
    Firm:
    Vedder Price PC
    Detroit bankruptcy will proceed, judge’s comments about Detroit Institute of Arts could affect involvement or sale of artwork
    2013-12-03

    The Hon. Steven W. Rhodes of the U.S.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Media & Entertainment, Sullivan & Worcester LLP, US District Court for Eastern District of Michigan
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Claim trading update: Third Circuit holds that section 502(d) disallowance runs with the claim
    2013-11-26

    In the first appellate court decision on the issue, the Third Circuit Court of Appeals recently held that trade claims subject to disallowance under section 502(d) of the Bankruptcy Code are disallowable “no matter who holds them.”1 In In re KB Toys Inc., the Third Circuit affirmed Bankruptcy and District Court decisions holding that trade claims subject to disallowance in the hands of an original claimant remain disallowable in the hands of a subsequent transferee.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Due diligence, Third Circuit
    Authors:
    Jasmine Ball , Richard F. Hahn , M. Natasha Labovitz , George E.B. Maguire , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    Does failure to qualify deprive a foreign LLC of standing under the SSFMJA?
    2013-11-26

    The U.S. Constitution enjoins each state to accord “full faith and credit” to “the public acts, records, and judicial proceedings of every other State”. U.S. Const. Art. IV, § 1. However, a judgment creditor can’t directly enforce a judgment obtained in another state in California. The other state’s judgment must first be turned into a California judgment. The statutory mechanism for effecting this is the Sister State and Foreign Money—Judgments Act, aka the SSFMJA, Code Civ. Proc. § 1710.10 et seq.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, Limited liability company, Standing (law)
    Authors:
    Keith Paul Bishop
    Location:
    USA
    Firm:
    Allen Matkins Leck Gamble Mallory & Natsis LLP
    Detroit creditors press bankruptcy court for action on sale of Detroit institute of arts collection, motion likely premature and unfounded
    2013-11-27

    Major creditors of the city of Detroit filed a request in the bankruptcy proceeding to hasten the process of evaluating the value of the collection of theDetroit Institute of Arts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sullivan & Worcester LLP
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Plaintiff’s employment case dismissed for failure to mention suit in pending bankruptcy proceedings, New Jersey District Court holds
    2013-11-27

    InLewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave Act because she failed to disclose them as “assets” in a simultaneous bankruptcy proceeding. The plaintiff was engaged in Chapter 7 bankruptcy proceedings when she filed suit against her former employer, but she did not revise her bankruptcy petition to identify those claims.

    Filed under:
    USA, New Jersey, Employment & Labor, Insolvency & Restructuring, Litigation, Ogletree Deakins, Bankruptcy
    Authors:
    Evan J. Shenkman , Christopher G. Elko , Steven J. Luckner
    Location:
    USA
    Firm:
    Ogletree Deakins

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