Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    6th Cir. Rejects Debtor’s Chapter 11 BK Plan as Not Proposed in Good Faith
    2016-02-11

    The U.S. Court of Appeals for the Sixth Circuit recently held that a bankruptcy court clearly erred in its finding that a debtor proposed a Chapter 11 plan in good faith, when the secured mortgagee would be paid only in part and very slowly after 10 years with no obligation by the debtor to maintain the building and obtain insurance, while a second class would be paid in full in two payments of $1,200 each over 60 days.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Debtor, United States bankruptcy court, Fifth Circuit, Sixth Circuit
    Authors:
    Thomas R. Dominczyk
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Southern District Bankruptcy Court Dismisses for Cause Involuntary Bankruptcy Filed By Single Creditor for Purpose of Enforcing a Debt in a Two-Party Dispute
    2016-02-09

    Federal bankruptcy law can benefit debtors and creditors alike. Provisions such as the automatic stay and absolute priority ensure a streamlined proceeding, preserving the debtor’s scarce resources for business rehabilitation and creditor repayment.  The alternative, multiple state court debt enforcement actions, would waste the debtor’s time and money on litigation (as valuable as bankruptcy lawyers may be). 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Illinois Bankruptcy Court Articulates Low Threshold for Equitable Subordination of Insider Secured Loan
    2016-02-09

    For a distressed company running low on capital, an investment from insiders may represent a last best hope for survival. Insiders may be willing to risk throwing good money after bad for a chance to save the company even when any third party would stay safely away. Insiders  of a failing company may also have an ulterior motive for making an eleventh hour capital infusion, as they may use their control over a distressed company to enhance their position relative to the company’s other creditors. The line between a good faith rescue and bad faith self-dealing is often a hazy one.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Cooley LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    Delaware Bankruptcy Court Holds That Committee Professionals Cannot Contract Around Baker Botts v. ASARCO
    2016-02-08

    Last June we covered the U.S. Supreme Court’s decision in Baker Botts LLP v.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    FYI: SD Fla Bankr Denies Mortgagee's Motion to Reopen Chapter 7 Case to Compel Surrender of Real Property
    2016-02-08

    The U.S. Bankruptcy Court for the Southern District of Florida recently denied a mortgagee's motion to reopen a Chapter 7 case to compel the surrender of real property, citing a five-year delay in filing the motion.

    In so ruling, the Court agreed with an earlier ruling from the U.S. Bankruptcy Court for the Middle District of Florida (In re Plummer, 513 B.R. 135 (Bankr. M.D. Fla. 2014)), distinguishing "surrender" from "foreclosure," and holding that a creditor cannot use the Bankruptcy Code to circumvent the obligations imposed by state law. 

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    New York federal bankruptcy court finds insurance insolvency proceeding does not “reverse - preempt” bankruptcy court jurisdiction
    2016-02-02

    In a recent adversary proceeding in the chapter 11 case involving Ames Department Stores, Inc. (“Ames”), Lumbermens Mutual Casualty Company (“Lumbermen’s”) argued that under the McCarran-Ferguson Act, the issues in dispute between it and Ames should be decided in Illinois state court as part of Lumbermens’ insolvency proceedings.

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields, Federal preemption, McCarran-Ferguson Act 1945 (USA), United States bankruptcy court
    Authors:
    Jeanne M. Kohler
    Location:
    USA
    Firm:
    Carlton Fields
    United States Bankruptcy Court for the Southern District of New York Holds That Avoidance Powers Can Be Applied Extraterritorially, Resulting in a Split Within the Southern District of New York
    2016-02-02

    On January 4, 2016, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) deviated from SDNY precedent and held that, despite the absence of clear Congressional intent, the avoidance powers provided for under Section 548 of the Bankruptcy Code can be applied extraterritorially. As a result, a fraudulent transfer of property of a debtor’s estate that occurs outside of the United States can be recovered under Section 550 of the Bankruptcy Code.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, A&O Shearman, Shareholder, Extraterritoriality, United States bankruptcy court
    Authors:
    Fredric Sosnick , Douglas P. Bartner , Joel Moss , Solomon J. Noh , Ned S. Schodek
    Location:
    USA
    Firm:
    A&O Shearman
    11th Circuit Says Assignee Cannot File Bankruptcy for Company
    2016-02-04

    An “Assignment for the Benefit of Creditors” (an “ABC”) is an alternative to bankruptcy available under California law—as well as the laws of other states.  An ABC is often a more cost-efficient alternative to filing a bankruptcy case, and ABCs are often employed by secured lenders when speed and flexibility are required in a sale of the assets of the entity and the tools available in a bankruptcy proceeding (such as the ability to reject leases or bind certain classes of creditors) are unnecessary.  An ABC continues to be a very important tool that is routinely employed to assist

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, White Collar Crime, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Of Interest: Bankruptcy Court Has Equitable Power to Award Postpetition Interest to Unsecured Creditors Under Cramdown Chapter 11 Plan
    2016-02-01

    In In re Energy Future Holdings Corp., 540 B.R. 109 (Bankr. D. Del. 2015), the bankruptcy court ruled that, although a chapter 11 plan proposed by solvent debtors need not provide for the payment of postpetition interest on unsecured claims to render the claims unimpaired, the plan must provide that the court has the discretion to award such interest at an appropriate rate “under equitable principles.” The ruling highlights the important distinction between the allowance of a claim in bankruptcy and the permissible treatment of the claim under a chapter 11 plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Interest, United States bankruptcy court
    Authors:
    Aaron M. Gober-Sims , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Illinois Bankruptcy Court Rejects Crawford, Finds Time-Barred Claims Permissible ­
    2016-01-27

    A recent decision from a United States Bankruptcy Court in the Northern District of Illinois provides a detailed analysis of why proofs of claim on “time-barred” debt do not violate the federal Fair Debt Collection Practices Act (FDCPA) or the Bankruptcy Code. The decision, Glenn v. Cavalry Investments, LLC, is among the growing number of decisions rejecting Crawford v. LVNV from the Eleventh Circuit Court of Appeals.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Statute of limitations, United States bankruptcy court, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 250
    • Page 251
    • Page 252
    • Page 253
    • Current page 254
    • Page 255
    • Page 256
    • Page 257
    • Page 258
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days