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    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
    Don't let your plan become an orphan
    2012-01-24

    When talking about mergers, acquisitions and maybe even liquidations, retirement plans can sometimes get lost in the shuffle.  Asset purchases that result in the liquidation of the seller company, or acquisitions of assets by buyers, can create problems over legacy retirement plans.  These "orphan" plans just don't disappear and they have to be dealt with properly.

    Filed under:
    USA, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Fox Rothschild LLP, Liquidation
    Authors:
    Keith R. McMurdy
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Section 550 of the Bankruptcy Code won’t cap the flow of avoidance action liability
    2012-01-24

    Tronox Incorporated and certain affiliates (the “Debtors”) emerged from Chapter 11 in February 2011 armed with a new capital structure and operational game plan, but that’s yesterday’s news. The flavor of the month is last Friday’s decision by Justice Allan L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Liability (financial accounting)
    Authors:
    Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    Delaware Bankruptcy Court dismisses Chapter 11 petition of mezzanine borrower as filed in bad faith
    2012-01-24

    The United States Bankruptcy Court for the District of Delaware (the Court) recently granted a motion to dismiss a mezzanine borrower’s chapter 11 bankruptcy petition at the outset of the debtor’s case.1 In In re JER/Jameson Mezz Borrower II, LLC, The Court found that the debtor’s petition had been filed in bad faith because, among other things, a junior mezzanine lender had directed the debtor to file the petition with the intent of hindering a senior mezzanine lender’s foreclosure efforts and without any valid reorganization purpose.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Bad faith, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Do lenders have a right to credit bid on their collateral?
    2012-01-24

    Last month, the U.S. Supreme Court agreed to hear another bankruptcy case and this one could have a profound effect on a lender’s bidding rights when its collateral is up for sale.  RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166, cert. granted Dec.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Collateral (finance)
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Significant decision on municipal bankruptcy and special revenue warrants
    2012-01-13

    On January 6, 2012, Judge Thomas Bennett of the United States Bankruptcy Court for the Northern District of Alabama (the "Court") issued a 57-page opinion in the chapter 9 bankruptcy case of Jefferson County, Alabama (the "County") on several critical jurisdictionally related issues raised by the state court appointed receiver of the County's sewer system, the indenture trustee for the special revenue warrants for the sewer system (the "Indenture Trustee") and certain other joining creditors.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Public, Dentons, Bankruptcy, United States bankruptcy court
    Authors:
    Sam J. Alberts , Robert E. Richards , Thomas K. Vandiver
    Location:
    USA
    Firm:
    Dentons
    The top 10 most intriguing federal securities litigation stories in 2011 (Part 2 of 2)
    2011-12-30

    Today, the Federal Securities Litigation Blog continues its with its larger-than-usual blog entry examining the Top 10 securities litigation stories that were the most intriguing in 2011. As mentioned yesterday, like any sort of Top 10 list, not everyone will agree. Other bloggers will have their own lists with different stories. But on a personal basis, these stories that fascinated me – like a good book, I look forward to the next "chapter" in these stories in 2012.

    Here's a quick headline look at the Top 5:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Porter Wright Morris & Arthur LLP, Security (finance), Inspector general
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Courts look closer at bankruptcy remote financing deals and find they may be lacking
    2012-01-03

    The Bottom Line:

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Accounts receivable, United States bankruptcy court, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Lauren Macksoud , Darren Halverson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Court upholds “new value” preference defense despite post-petition payment of claim
    2012-01-04

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, United States bankruptcy court, Third Circuit
    Authors:
    Matthew Ziegler
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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