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    Energy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
    2016-04-01

    In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the noteholders’ claims for make-whole premiums allegedly due under their note indentures. The forum in this hotly contested and long-running dispute has now moved to the Third Circuit Court of Appeals.

    Enforceability of Make-Whole Premiums in Bankruptcy

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Jonathan M. Fisher , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tomlin v. Bank of New York Mellon (In re Tomlin)
    2016-04-04

    (Bankr. E.D. Ky. Mar. 31, 2016)

    The bankruptcy court grants in part and denies in part the defendants’ motions to dismiss and for summary judgment. The debtor asserted numerous claims under the Fair Credit Reporting Act (“FCRA”) and related state law causes of action in his complaint. The court finds the debtor does not have standing to assert certain claims under FCRA. The court also addresses issues of preemption under FCRA and various statutes of limitations. Opinion below.

    Judge: Wise

    Debtor: Pro Se

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Bank of New York Mellon, Fair Credit Reporting Act 1970 (USA), United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Section 105(a): No Roving Writ, Much Less a Free Hand
    2016-04-05

    Section 105(a) of the Bankruptcy Code acts as the Bankruptcy Code’s equitable backstop, empowering bankruptcy courts to “issue any order, process, or judgment that is necessary or appropriate to carry out [its] provisions” and to, “sua sponte, take[e] any action or mak[e] any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.” Does section 105(a), though, authorize

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Writ, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    I’m Still Here!! Individual Debtor-out-of-Possession May Appeal Bankruptcy Court Order Allowing Claims in Chapter 7 Case
    2016-03-28

    Practitioners that exclusively represent clients in large scale restructurings and chapter 11 reorganizations may be used to the debtor remaining in place with senior management continuing to oversee the day to day operations of the company and overseeing the debtor’s reorganization case.  It may seem strange then to such practitioners that, unlike in chapter 11 cases, the debtor in a chapter 7 case often has only a limited role in its own bankruptcy case after the initial debtor interview and the section 341 meeting of creditors.  In a chapter 7 case, a trustee is appointed and i

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, United States bankruptcy court, Fifth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Another Alternative Fee Arrangement Bites the Dust
    2016-03-29

    On March 16, 2016, Judge Shannon of the U.S. Bankruptcy Court for the District of Delaware rejected a proposed fee structure for Baker Botts L.L.P., which was proposed counsel to the debtors in In re New Gulf Resources, LLC. His ruling is the latest development from that court on the U.S. Supreme Court’s decision in Baker Botts L.L.P. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    David W. Giattino
    Location:
    USA
    Firm:
    Cole Schotz PC
    Bankruptcy Court Sanctions Lawyer, But Appeals Court Reverses and Rules that Lawyer’s Aggressive Advocacy Did Not Cross the Line
    2016-03-23

    In a recent case, a lawyer was sanctioned by an Ohio bankruptcy judge for his conduct in connection with an adversary proceeding he brought on behalf of a client against a Chapter 7 debtor. The lawyer was vindicated, though, after the Bankruptcy Appellate Panel of the Sixth Circuit (the “BAP”) reversed the bankruptcy court on appeal.

    Background Facts

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Bankruptcy, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Laura J. Genovich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Oil and Gas Alert: Bankruptcy Court Issues Opinion Allowing the Rejection of Certain Midstream Agreements
    2016-03-23

    On March 8, 2016, a New York Bankruptcy Court issued a bench decision in the Sabine Oil & Gas Corporation Chapter 11 case. The Court’s decision concerning a producer’s request to reject certain portions of its midstream agreements has sent shockwaves through the oil and gas industry. Although the decision is far more limited in scope than is being reported by many commentators and professionals, its impact may be far reaching.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Vorys Sater Seymour and Pease LLP, United States bankruptcy court
    Authors:
    Robert A. Bell, Jr. , Gregory D. Russell , Michael J. Settineri
    Location:
    USA
    Firm:
    Vorys Sater Seymour and Pease LLP
    Executory Contracts Rejected In Chapter 11 Bankruptcy; How Does This Impact Midstream Providers?
    2016-03-18

    A recent bankruptcy court decision could have wide-reaching implications for pipeline operators. Judge Shelley C.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Holland & Hart LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Steven T. Small
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect
    2016-03-18

    In Providence Hall Associates Limited Partnership v. Wells Fargo Bank, N.A., the Fourth Circuit denied plaintiff’s attempt to receive a second bite at the apple, finding that plaintiff’s lawsuit was appropriately dismissed by the district court on res judicata grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Res judicata and issue estoppel, Wells Fargo, United States bankruptcy court, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Irvin v. Faller (In re Faller)
    2016-03-18

    Irvin v. Faller (In re Faller)

    (Bankr. W.D. Ky. Mar. 17, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Abuse of process, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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