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    Has the disturbance to the claims trading markets been quelled?
    2007-11-14

    Many participants in the multibillion-dollar distressed-debt trading markets were hoping that Federal District Court Judge Shira A. Scheindlin would permit expedited review of her ruling immunizing a purchaser of a claim against a debtor in bankruptcy from objections to the claim based upon the conduct of a prior holder of the claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Debt, Remand (court procedure), Distressed securities, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Landlord avoids Bankruptcy Code's limitation on lease termination damages
    2007-11-14

    The Bankruptcy Code limits the amount a landlord may recover from a bankrupt tenant for damages caused by the termination of a lease of real property. But what if the tenant trashes the landlord's property before turning over the premises? Does the damage limitation apply to the landlord's claim for the cost of cleaning up the mess?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White & Case, Bankruptcy, Collateral (finance), Breach of contract, Landlord, Leasehold estate, Statute of limitations, Remand (court procedure), Causation (law), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case
    Misconduct penalties do not pass to transferee: N.Y. court overturns Enron ruling
    2007-11-14

    A recent ruling by a federal court in New York has the potential to severely impact the $500 billion a year distressed debt market.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Security (finance), Misconduct, Debt, Due diligence, Remand (court procedure), Disability, Distressed securities, Citibank, Enron, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Reed Smith LLP
    Allocation of nondebtor’s payment to interest before principal violated bar on collection of post-petition interest
    2007-11-14

    The U.S. Court of Appeals for the Fourth Circuit has held that a creditor may not allocate payment by a nondebtor to interest first, before applying the balance to principal—and then seek to collect the remainder of the principal from a jointly liable debtor.

    That strategy violated the Bankruptcy Code’s prohibition against collecting post-petition interest, the court reasoned in National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC, No. 06-1459 (4th Cir. July 10, 2007). The majority’s rationale drew a pointed dissent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Surety, Debtor, Natural gas, Interest, Limited liability company, Debt, Electricity, Joint and several liability, TransCanada Corporation, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    US bankruptcy court denies recognition of Cayman insolvency proceedings concerning Bear Stearns funds
    2007-11-14

    Can a United States bankruptcy court deny recognition of a foreign insolvency proceeding even if no one opposes such recognition? In a recent decision, Judge Burton Lifland, a highly respected bankruptcy judge and one of the authors of Chapter 15 of the Bankruptcy Code, says yes.

    Liquidators of Bear Stearns Funds Seek Relief under Chapter 15

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White & Case, Bankruptcy, Debtor, Injunction, Class action, Limited liability company, Liability (financial accounting), Liquidation, Investment funds, Liquidator (law), UNCITRAL, US Congress, Bear Stearns, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    When may a bankruptcy court enjoin proceedings against a non-debtor?
    2007-11-14

    A company attempting to reorganize its affairs in bankruptcy may seek to enjoin its creditors or other third parties from suing members of the company's senior management team during the course of the reorganization proceedings, so that the senior management members can devote their time and resources to the reorganization effort without distraction. Courts throughout the country have applied differing standards in determining when the granting of an injunction of proceedings against a non-debtor is appropriate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Shareholder, Debtor, Injunction, Breach of contract, Arbitration clause, Preliminary injunction, Remand (court procedure), Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Protection for “personally identifiable information” in bankruptcy sales
    2007-12-05

    The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, Federal Trade Commission (USA), US Congress, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Appeals court orders immediate payment of DIP lender's commitment and facility funding fees
    2007-11-28

    District Judge James D. Zagel of the United States District Court for the Northern District of Illinois on Nov. 9, 2007, ordered a Chapter 11 debtor-in-possession ("DIP") to "immediately" pay its so-called "commitment" and "DIP Facility Funding" fees. ("Loan Fees"). Arlington LF, LLC, v. Arlington Hospitality, Inc., 2007 WL 3334499 (N.D. Ill. 11/9/07). Reversing the bankruptcy court, the district court held that the DIP was not excused from paying the fees despite the lender's earlier refusal to advance further funds on its $6 million revolving loan agreement ("Revolver"). Id. at 5.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interim order, Breach of contract, Interest, Investment banking, Default (finance), Attorney's fee, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Solutia bankruptcy court decision limits secured creditors’ recoveries
    2007-11-28

    In a recent decision1 in a claims objection proceeding in the Solutia chapter 11 case, the Bankruptcy Court for the Southern District of New York set clear limits on the allowance of secured claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Debtor, Collateral (finance), Waiver, Board of directors, Interest, Debt, Maturity (finance), Default (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    District court holds mandatory abstention applies to dispute between professional liability insurers
    2008-01-08

    The United States District Court for the District of New Jersey has abstained from hearing a dispute between a primary and an excess professional liability insurer related to a bankruptcy settlement based on the mandatory abstention doctrine. Royal Indemn. Co. v. Admiral Ins. Co., Inc., 2007 WL 4171649 (D.N.J. Nov. 19, 2007). After the insured corporation declared bankruptcy, the bankruptcy trustee settled claims with the insured's primary professional liability insurer.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Remand (court procedure), Subject-matter jurisdiction, Title 11 of the US Code, United States bankruptcy court, US District Court for District of New Jersey
    Location:
    USA
    Firm:
    Wiley Rein LLP

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