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    Delaware Bankruptcy Court denies appointment of examiner despite statutory mandate
    2010-08-13

    The United States Bankruptcy Court for the District of Delaware recently denied the appointment of an examiner in U.S. Bank National Association v. Wilmington Trust Co. (In re Spansion, Inc.),1 despite the requirement in section 1104(c) of the Bankruptcy Code that the Court "shall" appoint an examiner in certain circumstances. In making this decision, Chief Bankruptcy Judge Kevin J.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Debt, Laches (equity), US Code, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit moots appeal of 363 sale in WestPoint Stevens
    2010-08-13

    In a recent decision in the chapter 11 case of WestPoint Stevens, Inc.,1 the United States Court of Appeals for the Second Circuit interpreted section 363(m) of the Bankruptcy Code to render an appeal of sale under section 363 of the Bankruptcy Code statutorily moot. The Second Circuit held that because the Bankruptcy Court had not stayed the order authorizing the sale, a stay of only one aspect of the sale rendered moot of the sale in its entirety.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Interest, Debt, Good faith, Remand (court procedure), Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    James McDonnell
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The avoidance of post-petition transfers: what’s a vendor to do after In re Delco Oil Co.?
    2010-08-13

    In Marathon Petroleum Co. v. Cohen (In re Delco Oil Co.),1 the Court of Appeals for the Eleventh Circuit recently held that a trustee could avoid a debtor's post-petition transfers of funds that were cash collateral, notwithstanding that the payments had been made in good faith and in the ordinary course of business.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Personal property, Title 11 of the US Code, Trustee, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    In re Visteon: Third Circuit expands the protection of retiree benefits in Chapter 11 cases
    2010-08-12

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Interest, Retirement, Good faith, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brad Eric Scheler , Alan N. Resnick , Jean E. Hanson , Shannon Lowry Nagle , Gary L. Kaplan , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Ascendia Brands files over 200 preference actions in Delaware bankruptcy proceeding
    2010-08-12

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Brand, Walmart, Walgreens, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    American Safety Razor files for bankruptcy, citing slow growth and increased competition
    2010-08-12

    Introduction

    American Safety Razor Company ("ASR"), one of the largest manufacturers of shaving razors and blades, filed for bankruptcy protection in Delaware on July 28, 2010. According to the Declaration of ASR's Chief Financial Officer, Andrew Bolt (the "Bolt Declaration"), the company's net sales for 2009 totaled $330 million, down from the $351 million in sales achieved in 2008. See Bolt Declaration, pgh. 11.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Limited liability partnership, Debt, Default (finance), Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Avoidance powers in Chapter 15 proceedings
    2010-08-18

    The Court of Appeals for the Fifth Circuit recently held that Chapter 15 of the Bankruptcy Code does not prohibit a foreign representative from bringing an avoidance action so long as the claim for relief is based on the substantive laws of the jurisdiction where the foreign proceeding is located. The Fifth Circuit’s decision is consistent with the dual policy considerations of comity and predictability. Fogerty v. Petroquest Res., Inc. (In re Condor Ins. Ltd.), 601 F.3d 319 (5th Cir. 2010).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Fiduciary, Liquidation, Comity, US Congress, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Authors:
    Marc B. Roitman
    Location:
    USA
    Firm:
    Chadbourne & Parke 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), Ericsson, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Chapter 7 trustee's remedy limited
    2010-08-16

    Chapter 7 Trustees can and sometimes do successfully avoid creditor’s perfected liens. Typically, the avoidance opportunity arises because the lien was not perfected on a timely basis. The Bankruptcy Code provides that the avoided liens may be “preserved” for the benefit of the bankruptcy estate; this prevents a windfall to a junior lienor who would become the first lienholder courtesy of the Trustee’s success.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Debt, Westlaw, Title 11 of the US Code, Trustee, United States bankruptcy court, Sixth Circuit, Tenth Circuit
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    The politics of bankruptcy: California’s struggle over municipal bankruptcy access
    2010-08-18

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Public, Chadbourne & Parke LLP, Bond (finance), Bankruptcy, Debtor, Trade union, Debt, California State Assembly, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Eric Daucher
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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