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    Notice of employer bankruptcy under Minnesota law
    2011-11-28

    Minnesota law requires that an employer must immediately notify all of its employees in writing if the employer files a petition for bankruptcy or if an involuntary bankruptcy petition is filed against the employer.  SeeMinn. Stat.

    Filed under:
    USA, Minnesota, Employment & Labor, Insolvency & Restructuring, Briggs and Morgan, Bankruptcy
    Authors:
    Michael C. Wilhelm
    Location:
    USA
    Firm:
    Briggs and Morgan
    Treasury issues final regulations on partnership interests transferred to creditor in debt-for-equity exchange
    2011-11-21

    On November 15, 2011, the U.S. Internal Revenue Service ("IRS") and the U.S. Department of Treasury ("Treasury") issued final regulations under Section1 108(e)(8) and certain other Sections relating to the application of Section 108(e)(8) to partnerships (collectively, the "Final Regulations").

    Filed under:
    USA, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Debt, Liquidation, Fair market value, Internal Revenue Service (USA)
    Authors:
    Lisa M. Pekkala , Timothy J. Santoli
    Location:
    USA
    Firm:
    Dentons
    Conversion of insolvent corporation into a tax partnership: IRS reaches favorable conclusions, but questions remain
    2011-11-21

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Tax, Troutman Pepper, Shareholder, Debt, Liability (financial accounting), Liquidation, Internal Revenue Service (USA)
    Authors:
    Laura D. Warren , Timothy J. Leska
    Location:
    USA
    Firm:
    Troutman Pepper
    Delaware Bankruptcy Court applies Section 1129(a)(10) on a per debtor basis in the tribune Chapter 11 cases
    2011-11-15

    On October 31, 2011, the Honorable Kevin J. Carey, Bankruptcy Judge of the United States Bankruptcy Court for the District of Delaware, issued an opinion denying confirmation of two competing proposed plans of reorganization in the chapter 11 cases of In re Tribune Company, et al.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Liability (financial accounting), Voting, JPMorgan Chase, Enron, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Brad Eric Scheler , Jean E. Hanson , Gary L. Kaplan , Jennifer L. Rodburg , Shannon Lowry Nagle
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Harrisburg City Council responds to objections to Chapter 9 eligibility
    2011-11-15

    As expected the Harrisburg City Council has filed a reply to the numerous objections to the Chapter 9 filing of Harrisburg initiated by the City Council.  The City Council’s brief (harrisburg response.pdf) appears to be the only timely filed reply to the objections to the Chapter 9 filing. 

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Mintz, Bankruptcy, Solicitor, US Constitution, Constitution, Equal Protection Clause, United States bankruptcy court
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Creditor trustee in Champion Home bankruptcy files preference actions
    2011-11-16

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bond market, Bankruptcy, Liquidation, Trustee, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    New York court, applying Maryland law, finds no coverage due to breach of D&O policy consent-to-settle provision
    2011-11-16

    A federal judge sitting in New York but applying Maryland law recently held that a Directors and Officers (D&O) insurer is not required to provide insurance coverage because the policyholder breached the policy’s consent-to-settle provision when it settled a securities class action without obtaining the carrier’s prior approval. Federal Ins. Co. v. SafeNet, Inc., 2011 WL 4005353 (S.D.N.Y. Sept. 9, 2011).

    Filed under:
    USA, Maryland, New York, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Shareholder, Security (finance), Breach of contract, Fraud, Class action, Accounting, Option (finance), Securities fraud, US Securities and Exchange Commission, Chief financial officer, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Holland & Knight LLP
    IRS issues final Treasury regulations addressing tax treatment of partnership debt for equity exchanges
    2011-11-16

    Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Royalty payment, Tax exemption, Debtor, Safe harbor (law), Interest, Taxable income, Debt, Liquidation, Fair market value, Intangible asset, Bankruptcy discharge, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    David S. Raab
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    CFTC commissioner says Dodd-Frank rules should be reexamined in light of MF Global
    2011-11-16

    The CFTC has confirmed that its Division of Enforcement is investigating MF Global, Inc. for possible violations of the Commodity Exchange Act, or CEA and/or CFTC regulations.  Scott D. O’Malia, a CFTC Commissioner, stated certain Dodd-Frank rules should be reexamined in light of the MF Global bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Stinson LLP, Bankruptcy, Clearing (finance), Collateral (finance), Swap (finance), Capital requirement, Diversification (finance), Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Commodity Exchange Act 1936 (USA), Trustee
    Location:
    USA
    Firm:
    Stinson LLP
    Recent Eighth Circuit bankruptcy decisions
    2011-11-16

    Heide v. Juve, (In re David L. Juve and Mona L. Juve), No. 11-6006, (8th Cir. BAP 09/16/2011) (Judges Schermer, Federman, and Nail).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Debtor, Fraud, Leasehold estate, Misconduct, Debt, Personal property, Vacated judgment, Legal burden of proof, Remand (court procedure), Land tenure, Eighth Circuit, Bankruptcy Appellate Panel
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd

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