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    No abuse of discretion in refusing to reopen bankruptcy proceedings after four years
    2010-10-22

    REDMOND v. FIFTH THIRD BANK (October 20, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Mortgage loan, Foreclosure, Standard of review, Remand (court procedure), Default (finance), Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court decides to maintain the viability of the U.S. bankruptcy courts, but a key question remains unresolved
    2015-05-28

    Four years ago, in Stern v. Marshall, the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled. Stern significantly reduced the authority of bankruptcy courts, and bankruptcy judges and practitioners both have since been grappling with the ramifications of that decision.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor, Article III US Constitution, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously
    2011-08-01

    TOWNSQUARE MEDIA v. BRILL (July 21, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Summary offence, Remand (court procedure), Non-disclosure agreement, Subject-matter jurisdiction, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court acted within discretion in concluding that trust did not meet the "adequate assurance of future performance" test
    2010-10-08

    IN RE: RESOURCE TECHNOLOGY CORP. (October 1, 2010)

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Natural gas, Board of directors, Legal burden of proof, Electricity, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Wellness International oral argument: Supreme Court justices grapple with implications of narrowing bankruptcy court powers
    2015-01-26

    There were nearly a million bankruptcy cases filed by individuals and businesses in 2014.  It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Collection of utility charges does not fit within automatic stay exceptions
    2011-07-26

    REEDSBURG UTILITY COMMISSION v. GREDE FOUNDRIES (July 13, 2011)

    Filed under:
    USA, Wisconsin, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Interest, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court's interpretation of reorganization plan it confirmed receives deferential treatment
    2010-08-17

    IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Standard of review, Estoppel, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Still trying to close the Stern v. Marshall can of worms – the Supreme Court to grapple again with thorny questions of bankruptcy court jurisdiction
    2014-07-31

    Three years ago, in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    So this is why judges bother to write dissenting opinions - Seventh Circuit decision on credit bidding vindicates Judge Ambro's Philadelphia Newspapers dissent
    2011-07-26

    Critics of last year’s decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit’s recent unanimous opinion in River Road Hotel Partners LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured loan, US Congress, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Pro-rata calculation of pre-petition portion of tax refund was reasonable
    2010-08-11

    IN RE: MEYERS (August 2, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Debt, Liability (financial accounting), Legal burden of proof, Prima facie, Pro rata, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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