Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously

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

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

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

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

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

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

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

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
Supreme Court decides not to destroy the current bankruptcy court system

The U.S. Supreme Court yesterday, in Executive Benefits Insurance Agency v. Arkinson, limited somewhat the ramifications of its landmark opinion two years ago in Stern v.

Filed under:
USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Article III US Constitution, Article I US Constitution, United States bankruptcy court
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
Take me to the River (Road): the Seventh Circuit prepares to weigh in on credit bidding

The U.S. Court of Appeals for the Seventh Circuit has taken under advisement the latest case involving the now contentious issue of credit bidding.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Dissenting opinion, Secured creditor, Majority opinion, Secured loan, Title 11 of the US Code, 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