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    Fourth Circuit examines swap agreements subject to Bankruptcy Code safe harbors
    2009-06-24

    In Hutson v. E.I. du Pont de Nemours & Co.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Fraud, Natural gas, Safe harbor (law), Swap (finance), Commodity, Maturity (finance), Systemic risk, DuPont, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankrupt municipalities can reject collective bargaining agreements more easily than corporate debtors
    2009-06-24

    In In re City of Vallejo,1 the United States Bankruptcy Court for the Eastern District of California held recently that the City of Vallejo has the authority to reject its collective bargaining agreements with the city’s firefighters and electrical workers as part of its chapter 9 bankruptcy proceeding without going through the process detailed in section 1113 of the Bankruptcy Code. The bankruptcy court determined that a municipality does not need to comply with the stringent requirements that corporations face when seeking to reject a collective bargaining agreement (a “CBA”).

    Filed under:
    USA, California, Employment & Labor, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Property tax, Trade union, Good faith, Collective bargaining agreements, AFL–CIO, US Congress, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, US District Court for Eastern District of California
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Court finds no violation of Fair Debt Collection Practices Act
    2009-06-19

    A Louisiana District court finds that the filing of an allegedly time barred proof of claim by a creditor does not amount to a violation of the Fair Debt Collection Practices Act. B-Real, LLC v. Rogers et al., 2009 WL 1405844 (M.D.La. May 19, 2009) (Ruling on Appeal)

    A Louisiana District Court ruling provides that a creditor did not violate the provisions of the Fair Debt Collection Practices Act (FDCPA) by filing what were alleged to be three time-barred proofs of claim based upon underlying debt allowed under Louisiana law.

    Filed under:
    USA, Louisiana, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Debtor, Debt, Summary offence, Collection agency, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court
    Authors:
    Laura M. Zaremski
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Developments in the General Growth Properties case
    2009-06-19

    Pending motions in the Bankruptcy Court for the Southern District of New York in General Growth Properties’ (GGP) bankruptcy case (Case No. 09-11977) are expected to shed new light on how courts may treat real estate special-purpose entities in bankruptcy and may also have implications for the efficacy of bankruptcy-remote SPE structures used in asset-backed securitization transactions.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Sidley Austin LLP, Bankruptcy, Asset-backed security, United States bankruptcy court
    Location:
    USA
    Firm:
    Sidley Austin LLP
    U.S. Supreme Court reaffirms channeling injunctions as bar to environmental claims after bankruptcy
    2009-06-18

    Only twice has the U.S. Supreme Court spoken directly to environmental issues in bankruptcy – until now. Today the Supreme Court ruled that certain claims can in fact be barred by a bankruptcy court's channeling injunction. The case is particularly important in light of the major corporate bankruptcies now under way in the industrial sector, where environmental costs can drive the success or failure of a restructuring.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Debtor, Injunction, Misconduct, Res judicata and issue estoppel, Liability (financial accounting), Distressed securities, US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Authors:
    Kevin Ewing
    Location:
    USA
    Firm:
    Bracewell LLP
    Third party releases survive Supreme Court's decision in Travelers Indemnity Co. v. Bailey
    2009-06-25

    Last week, the Supreme Court issued its decision in Travelers Indemnity Co. v. Bailey,2 establishing an important precedent concerning the ability of bankruptcy courts to release claims against third party non-debtors in chapter 11 plans of reorganization. In the June 2009 issue of Cadwalader’s Restructuring Review newsletter, we introduced this case and considered the potential implications of a ruling on this important but unsettled topic.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Contractual term, Bankruptcy, Debtor, Injunction, Debt, Consent, Deutsche Bank, Title 11 of the US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Perfection and priority of oil & gas producers' liens in doubt
    2009-06-25

    Oil and gas producers in Texas and a handful of other states have had the comfort of believing that they held purchase money security interests against the production in the hands of first purchasers and proceeds of that production. Now, the law supporting that belief has come under fire.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Letter of credit, Collateral (finance), Fossil fuel, Subsidiary, Uniform Commercial Code (USA), United States bankruptcy court, Third Circuit
    Authors:
    Barry Drees , John P. Melko , Hoang Quan Vu
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Extension of financial accommodations clarified
    2009-07-08

    A Florida bankruptcy court recently clarified what constitutes a contract to extend financial accommodations for the benefit of the debtor, and the circumstances in which those contracts could be assumed, rejected or terminated. In re Ernie Haire Ford, Inc., 403 B.R. 750 (Bankr. M.D. Fla. 2009).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Retail, Debtor, Personally identifiable information, Debt, Motion to compel, Good faith, Precondition, Ford Motor Company, United States bankruptcy court
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy Court sets deadline for filing claims against Lehman debtors
    2009-07-07

    The United States Bankruptcy Court for the Southern District of New York, overseeing the bankruptcy cases of Lehman Brothers Holdings Inc. and its affiliated debtors (collectively, the “Debtors”), entered an order on July 2, 2009 (the “Bar Date Order”), establishing September 22, 2009, at 5:00 p.m. (Eastern Time) as the deadline for the filing of claims against the Debtors (the “Bar Date”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lear Corporation files for Chapter 11 bankruptcy protection
    2009-07-07

    Lear Corporation and related U.S., Canadian, and Cayman Island affiliates (“Lear”) filed voluntary bankruptcy petitions on July 7, 2009 in the United States Bankruptcy Court for the Southern District of New York (“Bankruptcy Court”). Lear intends to continue to operate its businesses while in bankruptcy. Other than certain Lear related entities based in Canada and the Cayman Islands, Lear’s non-U.S. subsidiaries do not appear to be included in Lear’s U.S. bankruptcy filing and apparently will continue to operate outside the supervision and jurisdiction of the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Debt, Bill of lading, United States bankruptcy court
    Authors:
    Reinhold F. Krammer , Gary D. Santella
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

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