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
    Stabler v. Beyers (In re Stabler)
    2010-01-07

    No. 09-6024 (8th Cir. BAP 11/30/09)

    Filed under:
    USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Debt, Refinancing, Secured creditor, Corporate bond, Bankruptcy discharge, Secured loan, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Shotkoski v. Fokkena (In re Shotoski)
    2010-01-07

     No. 09-6063 (8th Cir. BAP 11/24/09)

    Filed under:
    USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Non-recorded mortgage is avoidable
    2010-01-19

    On January 11th, the Eighth Circuit held that a bankruptcy court properly awarded summary judgment to the bankruptcy trustee in a suit seeking to avoid as a preferential transfer, the pre-petition transfer of a mortgage from the debtor to the bank. Because the bank failed to record the home mortgage prior to the borrower's filing of a Chapter 7 bankruptcy petition, Section 547(e)(2)(C) of the Bankruptcy Code deemed the transfer of the mortgage to have occurred immediately before the debtor filed his bankruptcy petition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debtor, Mortgage loan, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Bankruptcy Rule 2019 redux – Delaware Bankruptcy Court holds that informal committee is not subject to Rule 2019
    2010-01-22

    Two decisions (one only weeks ago) have held that the scope of Bankruptcy Rule 2019 encompasses “informal committees” of bondholders and that such committees must comply with the extensive disclosure requirements of Bankruptcy Rule 2019.1 In a recent decision, Bankruptcy Judge Christopher Sontchi of the Delaware Bankruptcy Court came out the other way, ruling that such a committee was not a “committee representing more than one creditor” and, consequently, is not subject to Rule 2019.2 In so doing, Judge Sontchi considered but declined to follow the two decisions addressing the same issue:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Discovery, Consideration, Consent, Motion to compel, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Alan W Kornberg , Stephen J. Shimshak
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Kelson Channelview LLC v. Reliant Energy Channelview LP
    2010-01-20

    The term “stalking horse” originally referred to a horse or type of screen a hunter used to conceal his position from intended prey. Today the term takes a new meaning altogether thanks to its application in the bankruptcy context. A modern day “stalking horse” is an interested buyer of a debtor’s assets who is offered incentives for being the first to announce its intent. As the initial bidder, the stalking horse sets the minimum purchase price and other terms of the transaction.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Debtor, Federal Reporter, Non-disclosure agreement, United States bankruptcy court, Third Circuit
    Authors:
    Sharon L. Levine , Sheila A. Sadighi , S. Jason Teele , Cassandra M. Porter
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Special bankruptcy court considered for financial firms
    2010-01-19

    The Senate Banking Committee is considering the establishment of a special bankruptcy court for financial firms as part of its regulatory reform measures. Bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, US Senate Committee on Banking, Housing and Urban Affairs, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy court rules “Flip Clause” violates ipso facto provisions
    2010-01-29

    In a matter of first impression arising in the largest corporate bankruptcy in history, In re Lehman Brothers Holdings Inc., the Bankruptcy Court for the Southern District of New York invalidated a common contractual provision shifting payment priority upon the default of a swap counterparty (“Flip Clause”) in a credit-linked debt structure.1

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Swap (finance), Debt, Default (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Lehman court finds payment priority provision is unenforceable ipso facto clause, and must be part of swap for safe harbor protection
    2010-01-29

    On January 25, 2010, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled that provisions in a CDO indenture subordinating payments due to Lehman Brothers Special Financing Inc., as swap provider, constituted unenforceable ipso facto clauses under the facts and circumstances of this case. The Court also held that, because the payment priority provisions were not contained in the four corners of a swap agreement, the Bankruptcy Code’s safe harbor protections, which generally permit the operation of ipso facto clauses, did not apply.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Safe harbor (law), Swap (finance), Deed, Default (finance), Collateralized debt obligation, Lehman Brothers, Title 11 of the US Code, Constitution, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Mark C. Ellenberg , Peter M. Dodson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 314
    • Page 315
    • Page 316
    • Page 317
    • Current page 318
    • Page 319
    • Page 320
    • Page 321
    • Page 322
    • …
    • 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