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    Federal court schmears taxpayer's bankruptcy claim
    2012-09-21

    The U.S. Court of Appeals for the Third Circuit took a bite out of a bagel store’s bankruptcy petition by holding that sales taxes are non-dischargeable “trust fund” taxes rather than excise taxes. In Re: Michael Calabrese, Jr., No. 11-3793 (3d. Cir. July 20, 2012). After not having enough dough to pay their debts, Don’s What a Bagel, Inc. and its individual owner both filed for bankruptcy protection.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Third Circuit
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Second Circuit affirms dismissal of debtor’s attempted subordination of former corporate parent’s claim
    2012-09-21

    The U.S. Court of Appeals for the Second Circuit recently dismissed a corporate debtor’s attempt to subordinate its former corporate parent’s contract damage claim on the ground that it was a securities fraud claim. CIT Group Inc. v. Tyco Int’l., Inc. (In re CIT Group Inc.), 2012 WL 3854887 (2d Cir. Sept. 6, 2012), affirming 460 B.R. 633 (Bankr. S.D.N.Y. 2011).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Securities fraud, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Patriot Coal update: mining for venue
    2012-09-17

    Late last week, Judge Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern District of New York heard arguments from a number of parties regarding whether the New York bankruptcy court is the proper venue for Patriot Coal Corporation’s bankruptcy cases. In re Patriot Coal Corp., Case No. 1:12-bk-12900. Judge Chapman did not rule on the venue question from the bench. Instead, the parties will wait for a ruling while proceeding with the bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, US Code, United States bankruptcy court
    Authors:
    Kathryn M. Borgeson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Ambiguous OTS order did not require bank's parent to ensure bank met capital requirements
    2012-09-17

    On September 14, the Sixth Circuit affirmed the trial court's finding that a failed bank's parent did not make a capital maintenance commitment to the bank. After the parent filed for bankruptcy, the FDIC was appointed receiver for the bank. The FDIC then sought payment from the parent under the statute requiring a party seeking reorganization to fulfill commitments to maintain the capital of an insured depository institution.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Capital requirement, Federal Deposit Insurance Corporation (USA), Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Recent case serves as a reminder that both tax and bankruptcy law implications should be considered
    2012-09-17

    In 2012, several judicial opinions have reminded directors, officers and “responsible persons” that personal liability may be imposed for business taxes. See our alert from June 20, 2012. Responsible persons are reminded again that not only will authorities impose liability for unpaid taxes of a business on individuals but that the imposition of such taxes may not be dischargeable in bankruptcy.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Excise, US Code, United States bankruptcy court
    Authors:
    Wayne D. Roberts , Steven E. Grob , William C. Lentine , Anthony Ilardi, Jr.
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Onkyo Electronics v. Global Technovations
    2012-09-17

    Jeffrey Marks, a partner in the Vorys Cincinnati office and a member of the commercial and finance group, authored this column about the decision from U.S. Court of Appeals for the Sixth Circuit in Onkyo Electronics V. Global Technovations.  The column originally appeared in the September 17, 2012 edition of Bankruptcy Law360.

    Case Study: Onkyo Electronics V. Global Technovations

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Vorys Sater Seymour and Pease LLP, Bankruptcy, Debtor, Fair market value, United States bankruptcy court
    Authors:
    Jeffrey A. Marks
    Location:
    USA
    Firm:
    Vorys Sater Seymour and Pease LLP
    Third Circuit reiterates narrow application of equitable mootness doctrine
    2012-09-18

    The United States Court of Appeals for the Third Circuit recently reiterated its position that the doctrine of equitable mootness should only apply if granting relief on appeal would undermine a consummated bankruptcy plan. In In re Philadelphia Newspapers, LLC, the Third Circuit held that the United States District Court for the Eastern District of Pennsylvania abused its discretion when summarily finding that the appeal at issue was equitably moot simply because the appellants failed to seek a stay and the debtors’ plan had been substantially consummated.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Automatic stay is not absolute: you can still go to jail
    2012-09-18

    In re D’Mello, 473 B.R. 207 (Bankr. E.D. Mich. 2011) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Remand (court procedure)
    Location:
    USA
    Firm:
    Troutman Pepper
    California’s AB 506 process: what creditors can expect in the wake of California municipal bankruptcies
    2012-09-18

    California’s AB 506 process was intended to help a municipality in restructuring its debt obligations and avoid bankruptcy. However, the lessons of the bankruptcies of the City of Stockton, the Town of Mammoth Lakes and the City of San Bernardino support the reality that a meaningful restructure requires material involvement by the major stakeholders. California’s recent wave of municipal bankruptcies tend to show that the AB 506 process has not changed this reality, but rather made a difficult process longer and more arduous.

    Filed under:
    USA, California, Insolvency & Restructuring, Public, Katten Muchin Rosenman LLP, Lobbying, Bankruptcy, Debtor, Debt, Title 11 of the US Code
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Contec holdings files for bankruptcy in Delaware
    2012-09-10

    On August 29, 2012, Contec Holdings, Ltd ("Contec") and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Simultaneous with filing its bankruptcy petitions, Contec also filed with the Bankruptcy Court a declaration of the company's Chief Restructuring Officer in support of its first day motions (the "Declaration").  Contec was started in 1978 and provides repair services for cable and broadband operators.  The company services equipment such as cable set-tops, modems and satellite receivers.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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