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    Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay
    2018-09-28

    When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its property in the debtor’s bankruptcy case. When contract entered into pre-bankruptcy contains an arbitration clause, a bankruptcy court will consider if the stay should be enforced or if the parties can resolve the matter in arbitration. In In re Argon Credit, LLC, No. 16-39654 (Bankr. N.D. Ill. Sept.

    Filed under:
    USA, Illinois, Arbitration & ADR, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Arbitration clause, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Use of Tender Offers in Bankruptcy to Effect a Pre-confirmation Settlement
    2016-08-16

    The Third Circuit recently affirmed that a debtor in Chapter 11 can use a tender offer to settle claims without running afoul of the Bankruptcy Code. Although In re Energy Future Holdings Corp.is limited to its particular facts and circumstances, the decision could lead to increased use of tender offers prior to confirmation of a bankruptcy plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Debt, Maturity (finance), Leveraged buyout, Tender offer, Accrued interest, Secured loan, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    John Bessonette , Nathan Hyman
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Seventh Circuit: failure to file proof of claim does not foreclose your rights
    2011-08-30

    The Bottom Line:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Budget, Debt, Mortgage loan, Foreclosure, Secured creditor, In rem jurisdiction, US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Lessons from Iridium: southern district bankruptcy judge dismisses $3.7 billion preference and fraudulent conveyance claims against Motorola
    2007-10-04

    On the Friday before Labor Day, Judge James Peck of the United States Bankruptcy Court for the Southern District of New York shocked the distressed bond market by dismissing the preference and fraudulent transfer counts of Iridium LLC Creditors Committee’s $3.7 billion adversary proceeding against Motorola, Inc. Judge Peck found that the Committee had failed to prove that Iridium was insolvent at any time—even the day before bankruptcy. Iridium’s $1.6 billion in bonds dropped from the mid-20s to low single digits in days.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bond (finance), Bankruptcy, Market capitalisation, Breach of contract, Fiduciary, Fair market value, Warranty, Cashflow, Motorola, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Third Circuit Opinion Clarifies Creditors Can Pursue Claims Abandoned by Bankruptcy Trustees
    2020-09-30

    The Bottom Line

    The Third Circuit, in Artesanias Hacienda Real S.A. de C.V. v. N. Mill Capital, LLC (In re Wilton Armetale, Inc.), 968 F.3d 273 (3d Cir. 2020), issued a decision with potential implications for creditors who wish to pursue causes of action after a bankruptcy trustee refuses to act on such claims. The Third Circuit held that if a bankruptcy trustee clearly abandons a cause of action, the right of creditors to pursue that cause of action “spring[s] back to life.”

    What Happened?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code, United States bankruptcy court, Third Circuit, Trustee
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Enforceability of Subordination Provisions in Synthetic CDOs - Lehman Revisited
    2016-08-16

    On June 28, 2016, Judge Chapman of the U.S. Bankruptcy Court for the Southern District of New York ruled in Lehman Brothers Special Financing Inc. v. Bank of America National Association, et al.(Adv. Proc. No. 10-03547 (Bankr. S.D.N.Y.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Collateral (finance), Swap (finance), Liquidation, Default (finance), Collateralized debt obligation, Title 11 of the US Code, Bank of America, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Authors:
    Fabien Carruzzo
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Fifth Circuit: recharacterization, it’s not just for insiders anymore
    2011-08-17

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Royalty payment, Bankruptcy, Conflict of laws, Debtor, Interest, Debt, Legal burden of proof, Maturity (finance), United States bankruptcy court, Fifth Circuit, Fourth Circuit
    Authors:
    Matthew Ziegler
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The Dana NOL Trading Order: new protections for investors
    2007-10-04

    On August 9, 2006, Judge Burton R. Lifland of the United States Bankruptcy Court for the Southern District of New York entered a Final Order Establishing Procedures for Trading in Claims and Equity Securities of Dana Corporation (the “Dana NOL Trading Order”). The Dana NOL Trading Order is materially different from NOL trading orders that have been approved by other bankruptcy courts and, from the perspective of investors in claims and distressed securities, represents a material improvement.

    Treatment of NOLs in Business Reorganizations

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Injunction, Security (finance), Taxable income, Economy, Market value, Distressed securities, Internal Revenue Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Court Holds Committee of Unsecured Creditors Cannot Obtain Derivative Standing When Debtor Is a Delaware Limited Liability Company
    2020-08-14

    The Bottom Line

    Recently, in In re Dura Automotive Systems, No. 19-12378 (Bankr. D. Del. June 9, 2020), the Bankruptcy Court for the District of Delaware held that granting the Official Committee of Unsecured Creditors (the Committee) derivative standing on behalf of the debtors – a Delaware limited liability company – was precluded by the Delaware Limited Liability Company Act (the Delaware LLC Act).

    What Happened?

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, United States bankruptcy court
    Authors:
    Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    No Turnover of the Make-whole Amount in the EFH Bankruptcy
    2016-08-16

    In a pair of decisions in 2015, the United States Bankruptcy Court of the District of Delaware determined that neither the first lien notes trustee nor the second lien notes trustee of Energy Future Intermediate Holdings Corp. (“EFIH”), a subsidiary of Energy Future Holdings (“EFH”), was entitled to receive a make-whole on the repayment of the corresponding indebtedness resulting from the acceleration of that debt in the EFH bankruptcy case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Collateral (finance), Interest, Debt, Liquidation, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware, Trustee
    Authors:
    Jennifer R. Sharret
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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