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    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
    Supreme Court expected to rule on third-party releases
    2009-06-24

    Introduction

    On March 30, 2009, the United States Supreme Court heard oral argument in Travelers Indemnity Co. v. Bailey,1 a case that addresses the jurisdiction of bankruptcy courts to authorize third-party releases in the context of a debtor’s plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Conspiracy (criminal), Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    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
    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
    U.S. Bankruptcy Court approves GM’s Section 363 asset sale
    2009-07-06

    Late last night, after presiding over a three-day hearing on the matter last week, U.S. Bankruptcy Judge Robert Gerber of the U.S. Bankruptcy Court for the Southern District of New York issued an order authorizing the sale of substantially all of the assets of General Motors Corporation (“Old GM”) under Section 363 of the Bankruptcy Code (“Section 363 Sale”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Limited liability company, Liability (financial accounting), Liquidation, Warranty, Subsidiary, US Department of the Treasury, United Automobile Workers, General Motors, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Sea Launch seeks Chapter 11 bankruptcy protection
    2009-07-02

    Citing a slowdown in its business caused, in part, by the recent global credit crunch, Sea Launch has filed a petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code. Based in Long Beach, California, Sea Launch is owned by Boeing (40%) and by foreign partners that include RSC-Energia of Russia, Kvaener ASA of Norway, and SDO Yuzhnoye/PO Yuzhmash of the Ukraine. In addition to operating its seagoing launch platform in the equatorial waters of the Pacific Ocean, the company has started offering landbased launches from the Baikonur Space Center in Kazakhstan.

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Liability (financial accounting), Credit crunch, Boeing, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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