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    Bankruptcy Court determines that TBA contracts do not qualify as customer claims
    2011-12-16

    The United States Bankruptcy Court for the Southern District of New York issued a memorandum decision in the Lehman Brothers Inc. (LBI) liquidation proceeding confirming the LBI trustee’s determination that certain claims relating to TBA contracts do not qualify as customer claims against LBI’s estate.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Mortgage-backed security, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    U.S. bankruptcy court denies motions to dismiss GGP bankruptcy cases
    2009-08-14

    On August 11, the U.S. Bankruptcy Court for the Southern District of New York denied five motions to dismiss certain Chapter 11 bankruptcy cases filed by debtors, including a number of issuers of commercial mortgage-backed securities (CMBS), that are owned by mall operator General Growth Properties, Inc. (GGP). The movants, including special servicers of the CMBS issued by GGP, based their dismissal motions primarily on a claim that the debtor’s cases were filed in bad faith.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Liability (financial accounting), Involuntary dismissal, Bad faith, Commercial mortgage-backed security, Mortgage-backed security, United States bankruptcy court
    Authors:
    Jeffrey M. Werthan , Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman Brothers court, building on Semcrude and Swedbank decisions, denies triangular setoff by swap counterparty
    2011-10-11

    The United States Bankruptcy Court for the Southern District of New York (the Court), has held that section 553(a) of the Bankruptcy Code prohibits a swap counterparty from setting off amounts owed to the debtor against amounts owed by the debtor to affiliates of the counterparty, notwithstanding the safe harbor provision in section 561 of the Bankruptcy Code and language in the ISDA Master Agreement permitting the swap counterparty to effect “triangular” setoffs. In re Lehman Brothers Inc., Case No. 08-01420 (JMP)(SIPA) (Bankr. S.D.N.Y. October 4, 2011).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Safe harbor (law), Swap (finance), Debt, Common law, Title 11 of the US Code, Lehman Brothers, Delaware Supreme Court, United States bankruptcy court, US District Court for SDNY
    Authors:
    Jeff J. Friedman
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Deadline established to assert claims against Lehman Brothers
    2009-07-10

    The court overseeing the chapter 11 bankruptcy cases of Lehman Brothers Holdings Inc. and various subsidiaries (the “Debtors”), has entered an order establishing deadlines and procedures for filing claims against the Debtors. In terms of procedural requirements, the order places unusual burdens on parties whose claims are based on derivative contracts and guarantees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Valuation (finance), Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lease Rejection Damages Under the Bankruptcy Code Cap
    2017-02-20

    The United States Bankruptcy Code, pursuant to 11 U.S.C. Section 502(b)(6), caps a landlord's claim in bankruptcy for damages resulting from the termination of a real property lease. See In re PPI EnterprisesU.S., 324 F.3d 197, 207 (3rd Cir. 2003). Under Section 502(b)(6), a landlord-creditor is entitled to rent reserve from the greater of one lease year or 15 percent, not to exceed three years, of the remaining lease term.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Leasehold estate, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Second Circuit establishes relevant time period for center of main interests determination under chapter 15 of the Bankruptcy Code
    2013-04-29

     

    In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , William C. Heuer , Ron Oliner , Rosanne Ciambrone
    Location:
    British Virgin Islands, USA
    Firm:
    Duane Morris LLP
    Massachusetts Bankruptcy Court Rules That Parents Receive Reasonably Equivalent Value in Exchange for Paying Their Child's Tuition
    2016-09-14

    College students across the country have begun returning to campus for the start of the fall semester. This arrival heralds new opportunities, new friends and new classes. It also means new tuition payments. Given the soaring price of college tuition, many students will rely on their parents to assist them with the cost of attendance. This parental support may take many forms, from co-signing or guarantying undergraduate loans to directly funding tuition costs.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Public, Duane Morris LLP, United States bankruptcy court
    Authors:
    Paul D. Moore , Michael R. Lastowski
    Location:
    USA
    Firm:
    Duane Morris LLP
    Chapter 11 single asset real estate cases dismissed for cause
    2013-04-16

    The United States Bankruptcy Appellate Panel of the 6th Circuit affirmed the Bankruptcy Court dismissal of five single – asset real estate Debtors’ Jointly Administered Chapter 11 cases under the “For Cause” dismissal provisions of the United States Bankruptcy Code, 11 U.S.C.A. § 1112 (b). see In re Creekside Senior Apartments, LP, et al., 2013 WL 1188061 (6th Cir. BAP Ky.)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Secured creditor, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
    2016-08-18

    In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors. Recently, the U.S. District Court for the Northern District of Illinois, in Colfin Bulls Funding A v. Paloian (In re Dvorkin Holdings), 547 B.R. 880 (N.D. Ill.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Discovery, Default (finance), US Congress, The Legal Intelligencer, United States bankruptcy court, US District Court for Northern District of Illinois
    Authors:
    Rudolph J. Di Massa, Jr. , Lawrence J. Kotler , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    PBGC asks bankruptcy court to treat prior sale of interest in debtor as prohibited attempt to evade ERISA pension liability
    2012-06-22

    The Pension Benefit Guaranty Corporation (PBGC) filed an objection on June 14, 2012, in the Delaware bankruptcy court proceedings of RG Steel ("Debtor"), challenging a recent sale by RG Steel's parent entity ("Parent") of a 25-percent ownership stake in the Debtor. If the sale is respected, Parent would fall outside of the Debtor's "controlled group" under the Employee Retirement Income Security Act (ERISA), with the result that Parent may cease to have joint liability for the Debtor's unfunded pension obligations.

    Filed under:
    USA, Delaware, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Interest, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP

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