Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Contractor insolvency issues in large project transactions
    2013-04-02

    An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can cause headaches and costly delays, particularly if title to goods or work completed has not been transferred to a project owner. Accordingly, anticipating these types of issues and accounting for them in negotiating construction and supply contracts is an important step in any large project transaction.

    Filed under:
    USA, Construction, Insolvency & Restructuring, King & Spalding LLP, Bankruptcy
    Authors:
    Mark W. Wege , Eric English
    Location:
    USA
    Firm:
    King & Spalding LLP
    A landlord’s guide to bankruptcy: part 2
    2013-04-02

    In Part 1 of this commercial landlord's guide (published in the March 20 - April 2 issue of the CREJ), I addressed some of the issues faced by a landlord when a commercial tenant files bankruptcy.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Real Estate, Otten Johnson Robinson Neff + Ragonetti PC
    Location:
    USA
    Firm:
    Otten Johnson Robinson Neff + Ragonetti PC
    Commercial financial services brief: secured creditor loses security interest in funds by delivering the funds to a bankruptcy trustee
    2013-04-03

    The March 2013 Commercial Financial Services Brief included a cautionary tale about a secured party’s inadvertent loss of its security interest in its borrower’s bankruptcy case as a result of the secured party having mistakenly filed a UCC termination statement. This article describes another situation in which a secured party experienced a similar haunting outcome.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lathrop GPM, Debtor, Secured creditor
    Authors:
    Henry T. Wang
    Location:
    USA
    Firm:
    Lathrop GPM
    Court holds that Stockton is eligible to file for chapter 9
    2013-04-03

    On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection under chapter 9 of the Bankruptcy Code. The court’s decision on this issue serves as an important milestone for chapter 9 jurisprudence, clarifying the requirements for “good faith” negotiations and being “insolvent” as conditions to filing for chapter 9 protection. Significantly, the court held that a municipal debtor need not negotiate with all of its creditors, only those that it intends to impair.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bond (finance), Good faith, CalPERS, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of California
    Authors:
    Mark C. Ellenberg , Lary Stromfeld , Thomas Curtin , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Unauthorized UCC filings: a cautionary tale in the absence of requisite authority to file, a UCC termination statement is ineffective to bring a perfected security interest to an end
    2013-04-04

    A recent decision by the United States Bankruptcy Court for the Southern District of New York1 found that a UCC-3 termination statement filed on behalf of a secured creditor was not effective because it lacked the proper authorization.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Milbank LLP, Debtor, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    Marc P. Hanrahan
    Location:
    USA
    Firm:
    Milbank LLP
    Eighth Circuit BAP affirms lender’s loss of possessory lien
    2013-04-04

    The U.S. Bankruptcy Appellate Panel (“BAP”) for the Eighth Circuit held on March 25, 2013, that a lender “lost its possessory lien when it turned the Debtor’s account funds over to the Trustee without first seeking adequate protection.” In re WEB2B Payment Solutions, Inc., _____ B.R. 2013 _____, 2013WL 1188041, *5 (8th Cir. B.A.P. March 25, 2013) (emphasis added).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Eighth Circuit, Bankruptcy Appellate Panel
    Authors:
    Lawrence S. Goldberg , David M. Hillman , Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Cramdown interest rates and secured creditors in chapter 11: the waters are still muddy
    2013-03-28

    Recently, the Fifth Circuit decided a case regarding the appropriate interest rate to be charged when a secured creditor's claim is "crammed down," pursuant to section 1129(b)(2)(A) of the United States Bankruptcy Code (Code), 11 U.S.C. §§ 101-1532. Unfortunately, the decision does little to clarify the confusion precipitated by the Supreme Court's 2004 decision of Till v. SCS Credit Corp., 541 U.S. 465 (2004), and perhaps even adds to it.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Debtor, Collateral (finance), Interest, Secured creditor, Fifth Circuit
    Authors:
    Peter C. Blain
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    The Inbox - March 29, 2013
    2013-03-29

    Grab your matzoh or Scotch cream eggs or whatever your favorite snack is this time of year and settle in for this week’s Inbox on Suits by Suits:

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Zuckerman Spaeder LLP, Severance package
    Authors:
    Ellen D. Marcus
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation
    2013-03-29

    In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held that the acceptance vote from a minimally and “artificially impaired” class of claims meets the 11 U.S.C. § 1129(a)(10) requirement for the confirmation of a non-consensual “cramdown” chapter 11 plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Sheppard Mullin Richter & Hampton LLP, Debtor, Interest, Good faith, Accrued interest, Fifth Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Homestead exemption does not apply if home is held by debtor's LLC
    2013-03-29

    The homestead exemption is important to the many debtors in bankruptcy who own their own homes. But what if the debtor owns the home through his or her single-member LLC? Is that good enough? A Bankruptcy Appellate Panel recently said no, ruling that a debtor whose home was owned by her single-member LLC could not take advantage of the homestead exemption. In re Breece, No. 12-8018, 2013 WL 197399 (B.A.P. 6th Cir. Jan. 18, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Bankruptcy, Debtor, Interest, Limited liability company, Personal property, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Stoel Rives LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 886
    • Page 887
    • Page 888
    • Page 889
    • Current page 890
    • Page 891
    • Page 892
    • Page 893
    • Page 894
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days