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    Supreme Court Provides Guidance on the Use of Structured Dismissals in Bankruptcy
    2017-03-30

    The United States Supreme Court (the “Court”) recently issued a long-awaited decision in Czyzewski v. Jevic Holding Corp. (“Jevic”), which limits the use of “structured dismissals” in Chapter 11 bankruptcy cases, requiring structured dismissals pursuant to which final distributions are made to comply with the Bankruptcy Code’s priority scheme, or the consent of all affected parties to be obtained.1

    What is a Structured Dismissal?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, SCOTUS, United States bankruptcy court
    Authors:
    Linda T. Coberly , Gregory M. Gartland , Steffen N. Johnson , Justin E. Rawlins , Carey D. Schreiber
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Lehman cannot modify terms of sale
    2011-02-28

    On February 22nd, the Bankruptcy Court overseeing the liquidation of Lehman Brothers' broker-dealer business denied motions seeking to modify the order approving the sale of the business to Barclays Capital. The Court noted the extraordinary circumstances surrounding the sale, the affirmance of that sale order, and movants' failure to challenge the order for one year. The court held that even if the evidence presented here were known in 2008, the result would have been the same, i.e., the sale would have been approved.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Liquidation, Broker-dealer, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court holds that bankruptcy courts may issue final orders based on consent
    2015-05-28

    Nearly four years after its decision in Stern v. Marshall raised new doubts about the place of bankruptcy courts in our legal system, the Supreme Court has finally put those doubts to rest. This week, in Wellness International Network, Ltd. v. Sharif, No. 13-935, the Court held that even for claims that must otherwise be resolved by an Article III court, a bankruptcy court may still adjudicate the matter based on consent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, United States bankruptcy court
    Authors:
    Linda T. Coberly , Steffen N. Johnson , David Neier , Elizabeth P. Papez
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    United States district court overturns widely criticized fraudulent transfer decision – (In re TOUSA, Inc., No. 10-60017-CIV/Gold (S.D. Fla. Feb. 11, 2011))
    2011-02-16

    The United States District Court for the Southern District of Florida has reversed a bankruptcy court order that had required a group of lenders (“Transeastern Lenders”) to disgorge, as a fraudulent transfer, approximately $421 million paid to them by a joint venture partner (“TOUSA”) in satisfaction of their legitimate, uncontested loans to the joint venture that TOUSA had guaranteed. Together with pre-judgment interest, the total amount to be paid by the Transeastern Lenders was in excess of $480 million.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Bond (finance), Bankruptcy, Interest, Market liquidity, Debt, Joint venture, Default (finance), Subsidiary, Memorandum opinion, Title 11 of the US Code, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Court orders privacy Ombudsman in bankruptcy case
    2014-08-14

    Crumbs Bake Shop Inc. shut down in July and filed for bankruptcy in New Jersey court that same month. The bankruptcy court ordered an auction sale, and a purchaser has come forward to buy all of the company’s assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Winston & Strawn LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy court applies Section 552 to invalidate lender’s security interest in proceeds of FCC license
    2011-01-31

    Recently, a Colorado bankruptcy court considered for the first time the effects of Bankruptcy Code Section 552 on a lender’s security interest in the proceeds of an FCC broadcast license. The court held that a prepetition security interest would not extend to proceeds received from a post-petition transfer of the debtor’s FCC license because the debtor did not have an attachable, prepetition property interest in the proceeds. Such an interest does not arise until the FCC approves an agreement to sell the license.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Media & Entertainment, Winston & Strawn LLP, Bankruptcy, Debtor, Interest, Unsecured creditor, Title 11 of the US Code, Federal Communications Commission (USA), Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court reaffirms role of bankruptcy courts in Arkison decision
    2014-06-16

    The case of Executive Benefits Insurance Agency v. Arkison (In re Bellingham Ins. Agency), No. 12- 1200, was easily one of the most closely watched bankruptcy cases in many years. Last week’s decision in that case, however, was far less dramatic than  some practitioners feared it might be. The Supreme Court answered two important questions regarding the power of bankruptcy courts that it left open three years ago in Stern v. Marshall.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Standard of review, SCOTUS, United States bankruptcy court
    Authors:
    Linda T. Coberly , Steffen N. Johnson , Elizabeth P. Papez
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Payments received by brokerages used in a fraudulent scheme cannot be avoided
    2010-09-20

    On September 14th, a Bankruptcy Court entered partial summary judgment in favor of defendants, brokerages through whom the debtor conducted a fraudulent stock lending scheme. The Chapter 7 bankruptcy trustee cannot avoid as fraudulent transfers funds and stock received by defendants directly from the victims of the scheme, margin interest paid to defendants by the debtor, and cash transfers that the debtor directly deposited into the brokerage accounts in the year prior to the bankruptcy filing.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Bankruptcy, Debtor, Fraud, Interest, Limited liability company, Margin (finance), Brokerage firm, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Defanging Stern v. Marshall
    2012-03-05

    Defanging Stern v. Marshall1: The United States District Court for the Southern District of New York Modifies the Reference of Bankruptcy Matters to Address Issues Resulting from the Supreme Court’s Ruling

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debtor, US Constitution, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    First Circuit modifies sanctions awarded against mortgage servicer
    2010-06-21

    On June 14th, the First Circuit modified the bankruptcy court's $250,000 sanction award against a mortgage servicer who erroneously claimed to be the mortgage holder. The mortgage servicer did not deliberately or intentionally seek to mislead the bankruptcy court and its actions were not prejudicial. First Circuit therefore modified the award to $5,000. In re Jacalyn S. Nosek.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Prejudice, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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