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    "Success fee" upheld regardless of actual success
    2012-01-18

    In a recent decision from the United States Bankruptcy Court of the Southern District of New York by Judge Martin Glenn in theIn re Borders Group, Inc. case, Jefferies was awarded a "Liquidation Fee" even though it was not involved in the actual liquidation of Borders Group, Inc. (the "Debtors" or "Borders"), and was unsuccessful in procuring a going-concern sale for the Borders business. As a result, approximately 400 stores were sold in September of 2011.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, BakerHostetler, Liquidation, United States bankruptcy court
    Authors:
    Jorian L. Rose , George Klidonas
    Location:
    USA
    Firm:
    BakerHostetler
    Petition signed by corporate officer was improper, but correctable
    2012-01-18

    IN RE: IFC CREDIT CORP. (December 5, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court approves plan to liquidate CDO
    2012-01-19

    On Dec. 21, 2011, the U.S. Bankruptcy Court for the District of New Jersey approved a liquidation plan for collateralized-debt obligation issuer (“CDO”) Zais Investment Grade Limited VII (“ZING VII”). The plan incorporates a settlement between senior noteholders who had initiated the bankruptcy case by filing an involuntary petition against the CDO, and junior noteholders who were appealing the Bankruptcy Court’s April 26, 2011 order granting the involuntary petition.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Schulte Roth & Zabel LLP, Bankruptcy, Collateral (finance), Liquidation, Collateralized debt obligation, Mortgage-backed security, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , David J. Karp , Daniel V. Oshinsky , Craig Stein
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Five weeks until pitchers and catchers report, eight weeks until lawyers report - Madoff judge confirms mid-March trial for trustee's claims against Mets' owners
    2012-01-19

    Judge Jed S. Rakoff this week denied the request of Irving Picard, the trustee of Bernard L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The year in bankruptcy: 2011
    2012-01-20

    A "roller-coaster ride of financial and economic uncertainty" would be one way to describe 2011. Limiting the script to financial and economic developments, however, would leave a big part of the story untold, as we chronicle the (not so certain) aftermath of the Great Recession. Impacting worldwide financial and economic affairs in 2011 was a seemingly endless series of groundbreaking, thought-provoking, and sometimes cataclysmic events, including:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Economy
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Landlords: beware when terminating and evicting commercial tenants
    2012-01-20

    When a tenant under a commercial lease defaults and the landlord wishes to exercise a right to terminate the lease and evict the tenant, the landlord must comply with the terms of the lease and the applicable law regarding termination and eviction.  This issue was addressed in a September 8, 2011, decision by the U.S.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Landlord, United States bankruptcy court
    Authors:
    Brian J. Levin
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The GM Plan: breaking it up is hard to do
    2012-01-23

    The worldwide press has been humming that General Motors has finally taken back the pole position from Toyota as the worldwide sales leader. In contrast, stories about the General Motors bankruptcy have mostly stalled since the automaker’s plan of liquidation took effect last March. Until now.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bracewell LLP, Liquidation, General Motors, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Bracewell LLP
    "Superior" strength- or how to bend barred claims
    2012-01-10

    The Bottom Line:

    Filed under:
    USA, Texas, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Injunction
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Harrisburg: a case study in state law barriers to Chapter 9
    2012-01-10

    On November 23, 2011, the Bankruptcy Court for the Middle District of Pennsylvania dismissed Harrisburg, Pennsylvania’s Chapter 9 bankruptcy petition because, shortly before the filing, the state legislature expressly prohibited Harrisburg from seeking relief under Chapter 9.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Cadwalader Wickersham & Taft LLP, Bankruptcy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Assigning intellectual property in a bankruptcy: is the licensor's consent necessary?
    2012-01-12

    Theresa V. Brown-Edwards, Ryan M. Murphy

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Potter Anderson & Corroon LLP, Bankruptcy, Debtor, Consent
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP

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