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    Ninth Circuit holds bankruptcy courts have broad jurisdiction to construe confirmed plans and confirmation orders
    2014-01-02

    Probably the most significant bankruptcy law development in the past several years has been the narrowing of bankruptcy courts’ constitutional authority to enter final judgments.  See Stern v. Marshall, 131 S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Subject-matter jurisdiction, US Constitution, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Recharacterization: the debate
    2014-01-02

    In recent years, bankruptcy courts have come closer to reaching a consensus regarding their ability to recharacterize debt into equity. Yet, beneath this consensus lies a deepening divide that lenders should be aware of. Recharacterization challenges “the assertion of a debt against the bankruptcy estate on the ground that the ‘loaned’ capital was actually an equity investment.” In re Insilco Techs., Inc., 480 F.3d 212, 217 (3d Cir. 2007) (internal citations omitted).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Federal Reporter, Debt, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    James B. Sowka
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Lehman Bankruptcy Court issues safe harbor decision
    2014-01-06

     

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Amicus curiae, Liquidation, Lehman Brothers cases, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Kathryn M. Borgeson , Mark C. Ellenberg , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Tenth Circuit holds that a claim for overpayment of spousal support is dischargeable under Sec. 523(a)(5) but non-dischargeable under Sec. 523(a)(15)
    2014-01-07

    The Tenth Circuit recently analyzed the interplay between sections 523(a)(5) and 523(a)(15) of the Bankruptcy Code in connection with a judgment obtained by a former husband for overpayment of his spousal support obligations.  Eloisa Taylor, the debtor in In re Taylor, 2013 WL 6404952 (10th Cir.

    Filed under:
    USA, Family, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Federal Reporter, Alimony, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors
    2013-12-17

     

     

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner , Gerard S. Catalanello , James J. Vincequerra
    Location:
    USA
    Firm:
    Duane Morris LLP
    In re Velo Holdings, Inc.
    2013-12-17

    The Bankruptcy Court for the Southern District of New York recently held that a state’s post-confirmation investigation of a debtor’s post-confirmation conduct does not violate a plan confirmation order that enjoins actions against the debtor.  In re Velo Holdings, Inc. et al., 500 B.R. 693 (Bankr. S.D.N.Y. 2013).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Injunction, Subpoena, Competition and Consumer Act 2010 (Australia), United States bankruptcy court
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Second Circuit limits availability of Chapter 15
    2013-12-20

    In a recent opinion on an issue of first impression,1 the United States Court of Appeals for the Second Circuit held that foreign entities seeking recognition under Chapter 15 of the Bankruptcy Code must, in addition to satisfying the requirements for recognition set forth in that chapter, have a residence, domicile, place of business or assets in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Debtor, Statutory interpretation, Discovery, Second Circuit, United States bankruptcy court
    Authors:
    Jasmine Ball , Richard F. Hahn , M. Natasha Labovitz , George E.B. Maguire , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    New York bankruptcy court awards billions in damages arising from corporate spin-off avoided as fraudulent transfer
    2013-12-20

    A New York bankruptcy court, on Dec. 12, 2013, issued a 166-page decision after a 34-day trial, concluding that the spin-off of a highly profitable energy business constituted a fraudulent transfer intended to shield the business from massive environmental liabilities, and awarding damages of up to approximately $14.5 billion.[1]Tronox Inc. et al. v. Kerr McGee et al. (In re Tronox et al.) (Bankruptcy S.D.N.Y. Dec. 12, 2013) (J.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Public company, United States bankruptcy court
    Authors:
    David M. Hillman , Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    SDNY bankruptcy court upholds swap provision that modifies the method to calculate amounts owing upon the counterparty’s bankruptcy
    2013-12-23

    TheLehman Brothers bankruptcy court has determined that the contractually specified methodology for conducting the liquidation of a swap agreement is protected by the safe harbor provisions of the bankruptcy, even if the selected methodology would be more favorable to the non-defaulting counterparty than the liquidation methodology that would apply absent the bankruptcy.See Michigan State Housing Dev. Auth. v. Lehman Bros. Deriv. Prods. Inc. (In re Lehman Bros. Holdings Inc.), No. 08-13555, ---B.R.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Swap (finance), Liquidation, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    David A. Wender , Jason H. Watson , Aimee M. Cummo , Karen Gelernt , John Spears
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Appeals of Detroit’s bankruptcy eligibility may proceed directly to Sixth Circuit
    2013-12-16

    The Michigan judge overseeing Detroit’s historic bankruptcy case found today that parties seeking to appeal his order finding the city eligible for bankruptcy protection may proceed directly to the Sixth Circuit.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, United States bankruptcy court, Sixth Circuit
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs

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