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
    New Delaware Chapter 11 - Shortbank Industries
    2017-07-10

    Shortbank Industries, Inc., a contract manufacturer of military apparel for the Department of Defense, governmental agencies and law enforcement and industry, headquartered in Vonore, Tenn., filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11501).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    6th Cir. BAP Holds BK Court Lacked Jurisdiction to Void Mortgage Lien Signed Before but Recorded During Bankruptcy
    2017-07-13

    The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit recently held that the bankruptcy court lacked subject matter jurisdiction under the Rooker-Feldman doctrine to void the foreclosure of a mortgage lien that was executed by the debtors before bankruptcy, but recorded while the automatic stay was in effect. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Sixth Circuit Court of Appeals Sharpens the “Teeth” of Assignments of Rents by Excluding Them From Defaulted Borrower’s Bankruptcy Estate
    2017-07-13

    When a defaulted borrower files a bankruptcy petition, two important events occur: (1) a bankruptcy “estate” comprised of certain assets of the debtor is created; and (2) all collection efforts (and pending litigation) against the debtor or its assets are automatically stayed. Accordingly, the court’s determination of whether items are or are not property of the debtor and of the bankruptcy estate is of critical importance to the creditor’s ability to collect on its debt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Dykema Gossett PLLC, Bankruptcy, Breach of contract, United States bankruptcy court, Sixth Circuit
    Authors:
    Michael D. Rothstein , Michael R. Vogt
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Dabbling in Distress: U.S. Supreme Court to Hear Two Important Bankruptcy Issues Next Term
    2017-07-14

    Despite a modest uptick in recent years, it is still a relatively rare occasion for the Supreme Court of the United States to tackle issues involving bankruptcy. This term, however, the Supreme Court has granted certiorari in two bankruptcy appeals that could have important consequences for the financial community. In FTI Consulting, Inc. v. Merit Management Group, LP, the Court will define the parameters of the safe harbor of Bankruptcy Code section 546(e), which excludes certain financial transactions from the debtor’s avoidance powers. In PEM Entities LLC v.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Secured creditor, Supreme Court of the United States, United States bankruptcy court
    Authors:
    John D. Beck
    Location:
    USA
    Firm:
    Hogan Lovells
    Section 503(b)(9) Claims - What Does “Receipt” Really Mean?
    2017-07-17

    In an era when goods or materials often originate from suppliers or manufacturers outside the United States, bankruptcy courts are grappling with when “receipt” of goods occurs for the purpose of 503(b)(9) claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, Third Circuit
    Authors:
    Jill B. Bienstock
    Location:
    USA
    Firm:
    Cole Schotz PC
    11th Cir. Holds Bankruptcy Chapter 13 to 7 Conversions May Be Dismissed for ‘Abuse’ Under 11 U.S.C. § 707(b)
    2017-07-17

    The U.S. Court of Appeals for the Eleventh Circuit recently held that section 707(b) of the Bankruptcy Code, which allows a bankruptcy court to dismiss a chapter 7 petition if it finds that relief would be an “abuse” as defined in that section, applies to a petition initially filed under chapter 13 and converted to chapter 7.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, United States bankruptcy court, Eleventh Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Delaware Court Shuts Down Creditor’s “Unreasonable” Motion to Amend its Proof of Claim
    2017-07-10

    A recent opinion by the Bankruptcy Court for the District of Delaware underscores how important it is for creditors to file complete and well-reasoned proofs of claim. The opinion also highlights the problems creditors may encounter if they have to amend their claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Aditi Kulkarni-Knight
    Location:
    USA
    Firm:
    Squire Patton Boggs
    9th Cir. Bankruptcy Panel Affirms Dismissal of ‘Wrongful Securitization’ Allegations
    2017-07-05

    The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of an adversary proceeding without leave to amend, holding that:

    (a) the debtors failed to state a claim for wrongful foreclosure under California law;

    (b) the debtors failed to state a claim for breach of contract or breach of the implied covenant of good faith and fair dealing because they were not third-party beneficiaries of the pooling and servicing agreement;

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Maurice Wutscher LLP, Bankruptcy, Foreclosure, Good faith, Mortgage-backed security, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    9th Cir. Holds Bankruptcy Cram-Down Valuations to Use ‘Replacement Value’ Not ‘Foreclosure Value’
    2017-07-05

    The U.S. Court of Appeals for the Ninth Circuit recently held that for cram-down valuations, 11 U.S.C. § 506(a)(1) requires the use of “replacement value” based upon the adoption of the replacement value standard in Associates Commercial Corp. v. Rash, 520 U.S. 953, 956 (1997).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    New Delaware Chapter 11 Filing - True Religion Apparel, Inc.
    2017-07-05

    True Religion Apparel, Inc., a company that designs, markets, sells and distributes premium fashion apparel through wholesale and retail channels, and four of its affiliates, has filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware (Lead Case No: 17-11460).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 65
    • Page 66
    • Page 67
    • Page 68
    • Current page 69
    • Page 70
    • Page 71
    • Page 72
    • Page 73
    • …
    • 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