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
    Court Declines to Convert a Chapter 12 Case to a Chapter 11 Case
    2016-07-15

    Recently, a bankruptcy court in the First Circuit, confronted with whether the debtors’ chapter 12 case could be converted to a chapter 11 case – an issue over which there is split in the case law – determined that the Debtors’ chapter 12 case could not be converted to a chapter 11 case.

    Relevant Statutes and Statutory Provisions:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Good faith, Secured creditor, US Congress, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy
    2016-07-18

    On June 22, 2016, the Bankruptcy Court for the District of Delaware allowed a putative creditor class to file a class proof of claim in the In re Pacific Sunwear of California, Inc., et al., bankruptcy proceedings.[1]  In granting

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Class action, ING Group, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Todd E. Phillips , Kevin C. Maclay , Sally J. Sullivan
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Harper v. Conco ESOP Trustees
    2016-07-08

    (W.D. Ky. July 7, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Injunction, Employee stock ownership plan, Limited liability company, Limited liability partnership, Trustee, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Not So Swift: Delaware District Court Gives Remedial Lesson in Basic Contract Law Finding that an RSA Would Likely Be Enforced According to Its Terms
    2016-07-08

    “The world is full of obvious things which nobody by any chance ever observes.”

    Sherlock Holmes

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, Unconscionability, Debtor in possession, Broadcast syndication, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Some Much Needed Transparency Required on Liquidating Trustees, Liquidating Trusts, Plan Documents, and Other Post-Confirmation Matters
    2016-07-10

    We at The Bankruptcy Cave applaud the recent ruling by Judge Whipple of the Bankruptcy Court for the Northern District of Ohio, seeking to make the post-confirmation parties, processes, and procedures far more transparent. In In re Affordable Med Scrubs, LLC,[1] Judge Whipple declined to approve a disclosure statement for a debtor’s liquidating plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Discovery, Liquidation, Trustee, United States bankruptcy court, US District Court for Northern District of Ohio
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Estimation of Tort Claims in Bankruptcy: A Powerful Step Towards Plan Confirmation
    2016-07-11

    Like most companies that file for chapter 11 protection, many debtors in the health care industry may have outstanding liabilities that have not been finally adjudicated as of the petition date. This can include tort claims based on allegations of medical malpractice, elder abuse, patient dumping, violations of a patient’s bill of right or various other allegations of improper care. Bankruptcy courts can estimate the value of these claims to facilitate the speedy confirmation of a debtor’s plan without subjecting the debtor to a lengthy trial during its restructuring.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Debtor, Medical malpractice, Liability (financial accounting), Mediation, Liquidation, Wrongful death claim, LinkedIn, Title 11 of the US Code, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Matthew J. Oliver
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    New York Bankruptcy Court Dismisses Lehman Bros. Special Financing Inc.'s Lawsuit to Recover Over $1 Billion of Swap Agreement Distributions
    2016-07-11

    In a highly anticipated decision, the Bankruptcy Court for the Southern District of New York (the "Court") on June 28, 2016, dismissed Counts I through XIX of Lehman Brothers Special Financing Inc.'s ("LBSF") fourth amended complaint (the "Complaint") in Lehman Bros. Special Fin. Inc. v. Bank of America, N.A., et al.1 In doing so, the Court removed the majority of the approximately 250 noteholder, issuer and indenture trustee defendants from the LBSF lawsuit to recover over $1 billion distributed in connection with 44 swap transactions.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Condition precedent, Safe harbor (law), Swap (finance), Liquidation, Default (finance), Collateralized debt obligation, Bank of America, Lehman Brothers, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Know When to Fold ‘Em - Texas Bankruptcy Court Enjoins Losing Bidder’s “Sour Grapes” Attempt to Bring Derivative Claims Under the Guise of Direct Claims
    2016-07-12

    Today’s post covers a recent decision by the United States Bankruptcy Court for the Southern District of Texas in the Chiron Equities, LLCcase. In that case, the court ordered a preliminary injunction to stop non-bankruptcy court litigation in a dispute between a majority shareholder, a minority shareholder, and his wife.

    Filed under:
    USA, Texas, Derivatives, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Shareholder, Debtor, Injunction, Breach of contract, Fiduciary, Limited liability company, Preliminary injunction, Majority opinion, Derivative suit, United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme
    2016-07-12

    On June 28, 2016, the U.S. Supreme Court agreed to hear a challenge to a Third Circuit-affirmed settlement and dismissal of the chapter 11 cases of Jevic Transportation, Inc. (“Jevic”) and certain of its affiliates. SeeOfficial Comm. of Unsecured Creditors v. CIT Grp./Bus. Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015), cert. grantedCzyzewski v. Jevic Holding Corp., No. 15-649, 2016 WL 3496769 (U.S. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Wage, Bankruptcy, Unsecured debt, Class action, Federal Reporter, Leveraged buyout, Sun Capital Partners, US Code, Worker Adjustment and Retraining Notification Act 1988 (USA), Supreme Court of the United States, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Jacob S. Frumkin , Adam H. Morsy
    Location:
    USA
    Firm:
    Cole Schotz PC
    Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or its Underlying Insurers
    2016-07-06

    Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access higher-level excess policies. Excess insurers are increasingly disputing that underlying policies are properly exhausted where policyholders elect to settle with underlying insurers for less than full limits. The issue can be further complicated if the policyholder seeks protection under the bankruptcy laws against long-tail liabilities, as a recent case illustrates.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, K&L Gates LLP, Bankruptcy, Federal Reporter, Liability (financial accounting), Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Kay M. Brady
    Location:
    USA
    Firm:
    K&L Gates LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 92
    • Page 93
    • Page 94
    • Page 95
    • Current page 96
    • Page 97
    • Page 98
    • Page 99
    • Page 100
    • …
    • 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