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    Set-off as an affirmative defense: an inherent claim against the estate?
    2010-08-13

    Two decades ago, the Supreme Court tackled the issue of whether a third party had submitted itself to jurisdiction of the bankruptcy court. In Granfinanciera, S.A. v. Nordberg,1 the Supreme Court ruled that a party who has not filed a claim against a bankrupt's estate is not subject to the jurisdiction of the bankruptcy courts. A year later, in Langenkamp v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Waiver, Debt, Jury trial, Title 11 of the US Code, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware Bankruptcy Court denies appointment of examiner despite statutory mandate
    2010-08-13

    The United States Bankruptcy Court for the District of Delaware recently denied the appointment of an examiner in U.S. Bank National Association v. Wilmington Trust Co. (In re Spansion, Inc.),1 despite the requirement in section 1104(c) of the Bankruptcy Code that the Court "shall" appoint an examiner in certain circumstances. In making this decision, Chief Bankruptcy Judge Kevin J.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Debt, Laches (equity), US Code, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit moots appeal of 363 sale in WestPoint Stevens
    2010-08-13

    In a recent decision in the chapter 11 case of WestPoint Stevens, Inc.,1 the United States Court of Appeals for the Second Circuit interpreted section 363(m) of the Bankruptcy Code to render an appeal of sale under section 363 of the Bankruptcy Code statutorily moot. The Second Circuit held that because the Bankruptcy Court had not stayed the order authorizing the sale, a stay of only one aspect of the sale rendered moot of the sale in its entirety.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Interest, Debt, Good faith, Remand (court procedure), Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    James McDonnell
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The avoidance of post-petition transfers: what’s a vendor to do after In re Delco Oil Co.?
    2010-08-13

    In Marathon Petroleum Co. v. Cohen (In re Delco Oil Co.),1 the Court of Appeals for the Eleventh Circuit recently held that a trustee could avoid a debtor's post-petition transfers of funds that were cash collateral, notwithstanding that the payments had been made in good faith and in the ordinary course of business.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Personal property, Title 11 of the US Code, Trustee, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    In re Visteon: Third Circuit expands the protection of retiree benefits in Chapter 11 cases
    2010-08-12

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Interest, Retirement, Good faith, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brad Eric Scheler , Alan N. Resnick , Jean E. Hanson , Shannon Lowry Nagle , Gary L. Kaplan , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Ascendia Brands files over 200 preference actions in Delaware bankruptcy proceeding
    2010-08-12

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Brand, Walmart, Walgreens, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Eclipse Aviation addresses subject matter jurisdiction of the bankruptcy court
    2010-08-18

    Introduction

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Federal Reporter, Liquidation, Involuntary dismissal, Conveyancing, Subject-matter jurisdiction, Prejudice, Exclusive jurisdiction, United States bankruptcy court, Third Circuit
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Automatic stay may be extended to enjoin non-debtors
    2010-08-18

    The automatic stay is one of the most fundamental bankruptcy protections. It enjoins the initiation or continuance of any action by any creditor against the debtor or the debtor’s property, including causes of action possessed by the debtor at time of the bankruptcy filing. The automatic stay offers this protection while bringing all of the debtor’s assets and creditors into the same forum, the bankruptcy court.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Fraud, Class action, Limited liability company, Liquidation, Conveyancing, Investment company, Securities fraud, Securities Investor Protection Corporation, Racketeer Influenced and Corrupt Organizations Act 1970 (RICO) (USA), Trustee, United States bankruptcy court
    Authors:
    Bonnie Dye
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Glimmers of hope for trademark licensees
    2010-08-18

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Chadbourne & Parke LLP, Bankruptcy, Debtor, Safe harbor (law), Concurring opinion, US Congress, United States bankruptcy court, Third Circuit
    Authors:
    Christy L. Rivera
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    “Silent second lender’s” efforts to seek the appointment of an examiner are sidelined by its prepetition waiver
    2010-08-18

    Introduction

    The recent decision in the case of In re Erickson Retirement Communities, LLC, 425 B.R. 309 (Bankr. N.D. Tex. 2010) provides ammunition for those opposing the appointment of an examiner in a debtor’s Chapter 11 case and a cautionary tale for lenders entering into subordination agreements.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Unsecured debt, Fraud, Waiver, Interest, Debt, Consent, Standing (law), Liquidation, US Code, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Meghan S. Towers
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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