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    Statutory Limits to Retained Jurisdiction - - The Contract May Not Be The Answer
    2017-06-13

    A recent decision by the United States Court of Appeals for the First Circuit provides additional guidance with respect to jurisdictional disputes that bankruptcy professionals often see in practice. In particular, the Gupta v. Quincy Med. Ctr., 2017 U.S. App. LEXIS 9814 (1st Cir. June 2, 2017) case analyzed whether a bankruptcy court had jurisdiction to adjudicate a post-sale dispute among a purchaser of estate assets and former employees of the debtors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, United States bankruptcy court, First Circuit
    Authors:
    Kelly E. Singer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation
    2017-06-14

    Court:

    “You know, every piece of information and fact out there is within six degrees of separation of the debtors’ assets and financial affairs. The question is where do you draw the line?”

    4/20/17 Transcript of hearing in In Re SunEdison, Inc., et al, Case No. 16-10992-smb (hereinafter “TR”), page 30 lines 6-11.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    John H. Drucker
    Location:
    USA
    Firm:
    Cole Schotz PC
    Gymboree Sends Itself To Time-Out
    2017-06-15

    Unlike the parenting technique that requires a misbehaving child to sit in a designated area for a set amount of time, Gymboree Corporation, the well-known San Francisco-based company that operates specialty retail stores of children’s apparel, will serve its time-out before Judge Keith L. Phillips in the US Bankruptcy Court for the Eastern District of Virginia.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Andrew I. Silfen , Jackson David Toof , George P. Angelich , Robert M. Hirsh
    Location:
    USA
    Firm:
    ArentFox Schiff
    Assignments of Rent - - A Dangerous Intersection of State and Federal Law
    2017-06-05

    A recent decision by the Sixth Circuit Court of Appeals may have muddied the question of the impact of collateral rent assignments on a debtor’s ability to re-organize under chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor, Leasehold estate, Foreclosure, Default (finance), United States bankruptcy court, Sixth Circuit
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    New Delaware Chapter 11 Filing - FirstRain, Inc.
    2017-06-05

    FirstRain, Inc., an enterprise software company headquartered in San Mateo, CA, has filed voluntary petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11249). FirstRain’s petition estimates both its assets and liabilities to be between $1 to $10 MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - NNN 400 Capitol Center, LLC
    2017-06-05

    NNN 400 Capitol Center, LLC, a single asset real estate debtor, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware. According to the Petition, the Debtor estimates its assets and liabilities to both be between $10MM – $50MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Debtor, Limited liability company, Liability (financial accounting), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Oil and Gas Industry Update: District Court Upholds Rejection of Sabine Gas Gathering Agreements
    2017-05-31

    In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), 2017 BL 83510 (S.D.N.Y. Mar. 9, 2017)—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016 bankruptcy court rulings authorizing chapter 11 debtor Sabine Oil & Gas Corp. ("Sabine") to reject certain gas gathering and handling agreements.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Court Rules Against Lyondell Litigation Trustee on LBO Fraudulent Conveyance Claims
    2017-05-31

    In Weisfelner v. Blavatnik(In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company ("Lyondell") handed down a long-anticipated opinion in the protracted litigation concerning the failed 2007 merger of Lyondell with Basell AF S.C.A. ("Basell"), a Netherlands-based petrochemical company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Fraud, Conveyancing, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing
    2017-06-01

    In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals, in an en banc decision, held that, for purposes of confirmation of a plan of reorganization over a mortgagee’s objection, the value of the mortgagee’s secured claim was the value of the property as low income housing not the value the mortgagee would have received on foreclosure free of the low income housing restrictions.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buchanan Ingersoll & Rooney PC, Mortgage loan, Foreclosure, Affordable housing, Ninth Circuit, United States bankruptcy court
    Authors:
    William H. Schorling
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act
    2017-05-24

    The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair Debt Collection Practices Act (“FDCPA”) when there continues to be a right to repayment after the expiration of the limitations period under applicable state law. The Court’s decision in Midland Funding, LLC v.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Bankruptcy, Debt, Unconscionability, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Phoebe S. Winder , Andrew C. Glass , Gregory N. Blase , Sean R. Higgins , David A. Mawhinney , Theresa A. Roozen , Brandon R. Dillman
    Location:
    USA
    Firm:
    K&L Gates LLP

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