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
    KB toys: Delaware Bankruptcy Court weighs in on claims trading
    2012-06-11

    On May 4, 2012 Judge Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware held that a claim against a debtor’s estate, transferred to a third party, is subject to the same infirmities as in the hands of the original holder of the claim.  In re KB Toys, Inc., — B.R. —-, 2012 WL 1570755, at *11 (Bankr. D. Del. 2012).  Judge Carey’s opinion diverged from, and criticized, the decision of the U.S. District Court for the Southern District of New York in Enron Corp. v. Springfield Assocs., L.L.C., 379 B.R. 425 (S.D.N.Y.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andrew M. Greenberg , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fraudulent transfer risk expanded: In re TOUSA: Eleventh Circuit expands fraudulent transfer risk for lenders to distressed borrowers
    2012-06-11

    SUMMARY

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Sullivan & Cromwell LLP, Debtor, Debt, Refinancing, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Sullivan & Cromwell LLP
    Supreme Court holds that free and clear sale plan cannot be confirmed without preserving secured creditor’s credit bidding rights
    2012-06-11

    On May 29, 2012, the Supreme Court in In RadLAX Gateway Hotel, LLC (“RadLAX”) held that a Chapter 11 reorganization plan that proposes the sale of encumbered assets free and clear of liens must honor the secured creditor’s right to credit bid its claim in order to be confirmed under the “fair and equitable” standard of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit (finance), Debtor, Collateral (finance), Secured creditor, Secured loan
    Authors:
    John Hutton
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Distressed natural gas: non-operator rights and risk mitigation strategies when your operator files bankruptcy
    2012-06-12

    Recent technological innovations and advancements in drilling and completion techniques have led to an unprecedented expansion of natural gas production by large and midsize exploration and production companies. This expansion created competition for wild cat acreage as well as producing properties, putting lessors and co-owners (the “non-operators”) at a distinct advantage in negotiating the terms of leases, farmout agreements and joint operating agreements (“JOAs”).

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Haynes and Boone LLP, Royalty payment, Bankruptcy, Natural gas
    Authors:
    Bernard F. Clark, Jr. , Kenric Kattner , W. Abigail Ottmers , Karl D. Burrer
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Amended bankruptcy rules approved by the U.S. Supreme Court
    2012-06-12

    On April 23, 2012, the U.S. Supreme Court approved amendments to the Federal Rules of Bankruptcy Procedure. The amended rules automatically become effective on December 1, 2012, unless Congress acts before then to reject, modify, or delay the rule changes. Several of the amendments involve technical and conforming changes to eliminate inconsistencies within the existing Bankruptcy Rules, as well as changes designed to make the bankruptcy rules consistent with the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The fallout from Cherryland - will the non-recourse carve-out guaranty ever be the same again?
    2012-06-12

    The Issue  

    The issue is whether the insolvency of a borrower under a non-recourse loan can trigger recourse liability for itself and its “bad boy,” non-recourse carve-out guarantors.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Debtor, Mortgage-backed security, Secured loan
    Authors:
    Trevor Hoffmann , Lawrence Mittman
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Frenville – gone but not forgotten: Third Circuit prohibits retroactive application of Grossman’s
    2012-06-01

    The ability to discharge debts (i.e., liability on a claim) is essential to the fundamental goal of chapter 11 of the Bankruptcy Code – providing debtors with a fresh start by resolving all claims that arose before confirmation of the debtor’s plan of reorganization.  In determining the universe of debts eligible for discharge, Third Circuit courts labored for many years underAvellino v. M. Frenville Co. (In re M. Frenville Co.), 744 F.2d 332 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Ex post facto law, Debt, Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    30-year Treasury bonds not “indubitable equivalent” of electing secured creditor’s mortgage lien
    2012-06-01

    In In re River East Plaza, LLC, 669 F.3d 826 (7th Cir. 2012), the Seventh Circuit Court of Appeals affirmed a bankruptcy court's ruling that a debtor could not "cram down" a chapter 11 plan over the objection of an undersecured creditor which had made a section 1111(b) election by substituting a lien on 30-year U.S. Treasury bonds as the "indubitable equivalent" of the creditor's mortgage lien on the property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Collateral (finance), Federal Reporter, Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Giving credit when due -- Supreme Court denied confirmation of Chapter 11 plan that precludes credit bidding
    2012-06-01

    The Bottom Line:

    In a unanimous decision (with Justice Kennedy not participating), the Supreme Court issued a decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 2012 WL 1912197 (U.S. May 29, 2012), (“RadLAX”) in which it held that section 1129(b)(2)(A) of the Bankruptcy Code does not permit a debtor to “cram down” a plan of reorganization that provides for the sale of encumbered assets free and clear of liens at auction without permitting the lienholder to credit bid at such auction.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Secured creditor, Title 11 of the US Code, Seventh Circuit
    Authors:
    Benjamin C. Wolf
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The “conservative” tax majority on the Supreme Court
    2012-06-01

    The two most recent decisions of the Supreme Court involving federal taxes illustrate how a conservative approach to statutory interpretation tends to prevail, but only with great effort, and changing constituencies.

    Hall v. United States

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Alston & Bird LLP, Bankruptcy, Statutory interpretation, Statute of limitations
    Authors:
    Jasper L. (Jack) Cummings , Jr.
    Location:
    USA
    Firm:
    Alston & Bird LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 939
    • Page 940
    • Page 941
    • Page 942
    • Current page 943
    • Page 944
    • Page 945
    • Page 946
    • Page 947
    • …
    • 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