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    TOUSA: $300 million revolving loan facility avoids fraudulent conveyance attack.
    2011-03-08

    In a second decision of the United States District Court for the Southern District of Florida involving secured lenders to bankrupt homebuilder TOUSA, Inc., on March 4, 2011, Judge Adalberto Jordan affirmed the dismissal of fraudulent conveyance claims brought against the lenders on a revolving credit facility. In dismissing those claims, the Bankruptcy Court had emphasized that, because the revolving credit agreement was entered into, and the liens securing it were pledged, well before the company's alleged insolvency, they were immune from fraudulent conveyance attack.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Credit (finance), Surety, Debtor, Unsecured debt, Federal Reporter, Debt, Joint venture, Conveyancing, Line of credit, Citigroup, Second Circuit, United States bankruptcy court
    Authors:
    Seven Rivera , Thomas J. Hall , Thomas J. McCormack
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    DISH Network, LIN settle carriage dispute, as bankruptcy court approves DISH bid for DBSD
    2011-03-18

    There was good news on two fronts this week for direct broadcast satellite (DBS) operator DISH Network. On Sunday, DISH settled a retransmission dispute with LIN Media with the signing of a new carriage contract that restored to DISH subscribers LIN broadcast network signals that were cut off on March 5. That development was followed by a New York bankruptcy court’s decision on Tuesday to approve a revised agreement through which DISH would acquire the assets of bankrupt mobile satellite services (MSS) provider DBSD North America for $1.5 billion.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Media & Entertainment, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Unsecured debt, Subscription business model, Direct-broadcast satellite, Federal Communications Commission (USA), Fox Broadcasting Company, Time Warner, Dish Network, Cablevision, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Gifting
    2011-03-22

    For over 30 years, most bankruptcy courts have approved plans where the secured lender “gifts” a distribution to a junior class in order to obtain a consensual plan. These courts note that the distribution is from the secured lender’s property (not estate property) and the secured lender can do what it wants with its own property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Share (finance), Debtor, Unsecured debt, Federal Reporter, Debt, Consent, Liquidation, Dissenting opinion, Unsecured creditor, Warrant (finance), Westlaw, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Peter S. Clark, II
    Location:
    USA
    Firm:
    Reed Smith LLP
    TOUSA overturned; district court rejects narrow definition of ‘equivalent value’; rejects finding of lenders’ bad faith
    2011-03-22

    In re TOUSA, Inc., Nos. 10-60017-CIV/Gold, 10- 61478, 10-62032, 10-62035, and 10-62037 Slip Op. (S.D. Fla. Feb. 11, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bond (finance), Bankruptcy, Surety, Unsecured debt, Collateral (finance), Market liquidity, Debt, Joint venture, Bad faith, Default (finance), Joint and several liability, Subsidiary, Title 11 of the US Code, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Dodd-Frank Wall Street Reform and Consumer Protection Act: FDIC proposes additional rules implementing aspects of orderly liquidation authority
    2011-03-29

    In its continued effort to implement its authority to resolve “covered financial companies” under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), on March 15, 2011, the Board of Directors of the Federal Depository Insurance Corporation (the “FDIC”) approved the Notice of Proposed Rulemaking Implementing Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Proposed Rules”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, White & Case, Consumer protection, Unsecured debt, Fraud, Board of directors, Liquidation, Bank holding company, Systemic risk, Federal Deposit Insurance Corporation (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), GAAP, International Financial Reporting Standards, US Secretary of the Treasury
    Authors:
    Linda M. Leali , Gerard Uzzi , Duane D. Wall
    Location:
    USA
    Firm:
    White & Case
    Taking the gift back: Second Circuit alters future plan negotiations by striking down the use of gifting through a Chapter 11 plan
    2011-04-01

    Rehabilitating a debtor’s business and maximizing the value of its estate for the benefit of its various stakeholders through the confirmation of a chapter 11 plan is the ultimate goal in most chapter 11 cases. Achievement of that goal, however, typically requires resolution of disagreements among various parties in interest regarding the composition of the chapter 11 plan and the form and manner of the distributions to be provided thereunder.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Voting, Secured creditor, Unsecured creditor, Sprint Corporation, Dish Network, MFG.com, Title 11 of the US Code, Second Circuit, Third Circuit, First Circuit
    Authors:
    Scott J. Friedman , Ross S. Barr
    Location:
    USA
    Firm:
    Jones Day
    Receiverships: you don't know what you don't know
    2011-04-06

    Receiverships are on the rise in Ohio and across the Midwest. In most cases, the appointment of a receiver heralds the close of a business. Receiverships are also commonly part of a foreclosure proceeding. Calfee's Business Restructuring and Insolvency practice group lawyers have extensive experience with both state and federal court receiverships and we can assist you in determining the impact of a receivership on your business.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Calfee Halter & Griswold LLP, Confidentiality, Bankruptcy, Credit (finance), Unsecured debt, Foreclosure, Liquidation, Common law
    Authors:
    Jean R. Robertson , James M. Lawniczak , Nathan A. Wheatley
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP
    Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims
    2011-04-13

    When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "pay/paid/pays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Unsecured debt, Interest, Debt, Tax deduction, Default (finance), Leverage (finance), Bankruptcy discharge, Second Circuit
    Authors:
    Elizabeth H. Evans , Michelle F. Herman
    Location:
    USA
    Firm:
    Jones Day
    Prepetition lis pendens notice sufficient to prevent debtors-in-possession from avoiding equitable lien under exercise of strong-arm powers
    2011-04-20

    The United States Bankruptcy Court for the Western District of Kentucky recently found that a vendor’s filing of a prepetition notice of lis pendens served to place any hypothetical judicial lien creditor, execution creditor, or purchaser of real property on notice of its equitable lien against the property for the unpaid portion of the purchase price. This prepetition notice of lis pendens prevented the debtors-in-possession from avoiding the vendor’s lien in exercise of their strong-arm powers under 11 U.S.C. § 544.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Default (finance), Capital punishment, US Department of Agriculture, US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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