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    New Delaware Chapter 11 Filing - Sancilio Pharmaceuticals Company, Inc.
    2018-06-05

    Sancilio Pharmaceuticals Company, Inc., along with two subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11333).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    Using Trusts to Protect Assets in Bankruptcy
    2018-05-30

    InIn re Blasingame, 2018 WL 2084789 (B.A.P. 6th Cir. May 3, 2018), the Sixth Circuit Bankruptcy Appellate Panel demonstrates that trusts can be used to protect assets from the reach of creditors in the context of a bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    US Bankruptcy Court Recognizes a Foreign Plan of Reorganization and Enforces Third-Party Releases in the Chapter 15 Context
    2018-05-30

    Honorable Martin Glenn, United States Bankruptcy Judge in the United States Bankruptcy Court for the Southern District of New York (“Bankruptcy Court”) granted Avanti Communications Group PLC’s (“Avanti”) request to recognize the UK court-sanctioned scheme of arrangement and enforce the guarantee releases provided by Avanti’s affiliates on certain debt.[1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Debt, Secured loan, Second Circuit, United States bankruptcy court
    Authors:
    George P. Angelich , Annie Y. Stoops
    Location:
    USA
    Firm:
    ArentFox Schiff
    New Delaware Chapter 11 Filing - FreeLinc Technologies, LLC
    2018-05-24

    FreeLinc Technologies, Inc., along with its affiliate FreeLinc Technologies, LLC, has filed a petitions for relief under Chapter 11 in the Bankruptcy Court for District of Delaware (Lead Case No. 18-11254).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    Can Golden Shares Block a Bankruptcy Filing?
    2018-05-24

    The term “golden shares” is often referred to equity interests held by a specific party—commonly a lender or investor—that authorize such party to block or prevent a corporate entity from filing bankruptcy. Such shares are often negotiated by a party that wants to ensure that its consent is obtained before any bankruptcy is commenced. Without such consent, the party holding the golden shares can seek to dismiss to a corporate bankruptcy filing by based on a lack of corporate authority.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Share (finance), Corporate governance, Bankruptcy, Limited liability company, Preferred stock, Certificate of incorporation, United States bankruptcy court
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    The Fifth Circuit, on May 22, 2018, Renders Important Real Estate Lending Decision Regarding Golden Shares
    2018-05-25

    Executive Summary

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, United States bankruptcy court, Fifth Circuit
    Authors:
    Lawrence Mittman , Geoffrey Raicht
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    New Delaware Chapter 11 Filing - Color Spot Holdings, Inc.
    2018-05-29

    Color Spot Holdings, Inc., along with three subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11272). Headquartered in Temecula, CA, Color Spot is one of the largest growers and distributors of live plants in the western and southwestern United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - EBH Topco, LLC
    2018-05-23

    EBH Topco, LLC, along with thirty-one (31) subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11212).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Videology, Inc.
    2018-05-10

    Videology, Inc., along with four of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11120). Videology, based in Baltimore, MA, is a software solutions provider in the TV and digital advertising industry.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Irving E. Walker , G. David Dean , Patrick J. Reilley
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - The Rockport Company, LLC
    2018-05-14

    The Rockport Company, LLC, along with nine (9) affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11145). Rockport, based in West Newton, MA, is a designer, distributor and retailer of comfort footwear in more than fifty (50) markets worldwide.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC

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