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    Excess insurer entitled to recover partial refund paid by trustee to primary insurer following policy limits settlement with primary insurer
    2010-05-19

    Applying Texas law, the United States Bankruptcy Court for the Northern District of Texas has held that a primary insurer that "exhausted" its policy limits by agreeing to pay the insured's bankruptcy estate its remaining policy limits, while stipulating that a significant portion of this payment would be returned to the insurer by the estate's bankruptcy trustee, was required to reimburse the excess insurer the value of the returned payments made by the trustee. Yaquinto v. Admiral Ins. Co., Inc. (In re Cool Partners, Inc.), 2010 WL 1779668 (Bankr. N.D. Tex. Apr. 30, 2010).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Contractual term, Bankruptcy, Condition precedent, Unsecured debt, Fraud, Interest, Unjust enrichment, Subsidiary, United States bankruptcy court, US District Court for Northern District of Texas, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
    2008-05-06

    The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws. Murphy v. Allied World Assurance Co. (U.S.), Inc. (In re Refco, Inc.), No. 08-01133 (Bankr. S.D.N.Y. Apr. 21, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Preliminary injunction, Summary offence, Admissible evidence, Liability insurance, Indictment, Initial public offering, Unjust enrichment, Securities fraud, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    U.S. Court Not Bound by Korean Law Conferring Exclusive Jurisdiction in Shareholder’s Derivative Actions
    2019-01-03

    Shareholder of a Korean corporation (“Cuzco Korea”), the sole member of a chapter 11 limited liability company debtor (“Cuzco USA” or the “Debtor”), brought an adversary proceeding against the Debtor and others, asserting claims directly, derivatively on behalf of Cuzco Korea and “double derivatively” on behalf of the Debtor. On the defendants’ motion to dismiss, the bankruptcy court for the district of Hawaii was required to consider the impact of Korean law on the derivative claims as well as notions of forum non conveniens.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP, Limited liability company, Unjust enrichment, Constructive trust, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    Illinois App. Court (1st Dist) Holds Subsequent Foreclosure-Related Action Barred by Illinois ‘Single Refiling’ Rule
    2018-01-18

    The Appellate Court of Illinois, First District, recently dismissed a mortgagee’s “breach of mortgage contract” action as an impermissible second refiling following prior voluntary dismissals of a 2011 foreclosure complaint and 2013 action for breach of the promissory note based upon the same note and mortgage.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Unjust enrichment
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    The Second Circuit confirms that bankruptcy principles trump common law equity
    2009-01-15

    When a creditor seeks equitable relief in a bankruptcy court, must the court always follow common law principles of equity? Not according to several courts, including the Second Circuit. Concluding that the granting of equitable remedies may circumvent the Bankruptcy Code's equitable distribution system, courts have limited the application of equitable remedies in the bankruptcy context.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, Fraud, Interest, Division of property, Reinsurance, Unjust enrichment, Common law, Constructive trust, Title 11 of the US Code, SCOTUS, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    White & Case LLP
    Beware of the constructive trust
    2015-03-24

    The existence of trusts that may be connected to a borrower’s assets can be a lending hazard. They do not appear on PPSA search print-outs and, in many cases, they are not shown on a borrower’s financial statements and cannot be searched through traditional due diligence methods.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor, Unjust enrichment, Unsecured creditor, Constructive trust
    Location:
    Canada
    Firm:
    Gowling WLG
    Subordination clear? German Federal Court of Justice clarifies the scope and limits of subordination agreements
    2015-10-15

    The Federal Court of Justice (Bundesgerichtshof – BGH) on 5 March 2015 issued a decision (case no. IX ZR 133/14, available here) that is of immense relevance for all creditors and debtors that face the need of a subordination agreement (Rangrücktrittvereinbarung) under German law.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Liability (financial accounting), Unjust enrichment
    Authors:
    Mareike Schwedler
    Location:
    Germany
    Firm:
    DLA Piper
    The priority of the operator’s lien
    2009-01-30

    In Brookfield Bridge Lending Fund Inc. v.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Dentons, Debtor, Interest, Unjust enrichment, Constructive trust, Court of equity
    Location:
    Canada
    Firm:
    Dentons
    Unwitting beneficiaries of Ponzi scheme cannot discharge debt under Chapter 7
    2010-02-26

    Beneficiaries of a Ponzi scheme who were subsequently found liable to cheated investors under state securities laws could not discharge this liability under Chapter 7 of the Bankruptcy Code, the U.S. District Court for the Western District of Oklahoma ruled.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Fraud, Beneficiary, Debt, Summary offence, Unjust enrichment, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    In Case of Fire, File a Claim
    2018-10-10

    In a recent decision enforcing the discharge injunction under Section 1107(d)(1)(A) of the Bankruptcy Code, the Bankruptcy Court for the Western District of Pennsylvania blocked a creditor from asserting a claim against the debtor after confirmation of the plan. The case of In re Trustees of Conneaut Lake Park, Inc.), No. 14-11277, 2018 Bankr. LEXIS 1447 (JAD) (Bankr. W.D. Pa.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Unjust enrichment
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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