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    Dashed expectations yield no recovery in Solutia
    2008-01-31

    Creditors have recently made some headway in collecting the full amount to which they are contractually entitled pursuant to various debt instruments. In In re Calpine Corp.,1 reported in our summer 2007 newsletter, the Bankruptcy Court for the Southern District of New York permitted a secured creditor to collect damages (albeit in the form of an unsecured claim) caused by dashed expectations due to the early repayment of its debt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Maturity (finance), Refinancing, Secured creditor, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bondholders of insolvent Argentine company denied relief by US Bankruptcy Court
    2008-01-31

    In a recent decision, the United States Bankruptcy Court for the Southern District of New York (the “U.S. Court”) exercised its abstention powers and dismissed an involuntary chapter 11 petition filed against an Argentine company, Compania de Alimentos Fargo, SA (“Fargo”).1 Fargo, a debtor in an insolvency proceeding in Argentina, had moved to dismiss the involuntary petition principally because its Argentine bankruptcy case was still pending.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Unsecured debt, Interest, Comity, Subsidiary, Secured loan, Deutsche Bank, Citibank, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Cure claims in bankruptcy - Delphi bankruptcy case Raises Issues
    2008-01-25

    Following a recent ruling in the Delphi Corporation bankruptcy case approving cure notices and cure claims procedures, purchasers of unsecured trade claims originating out of executory contracts or unexpired leases should take special precautions to protect their rights or risk impairment or loss of such claims to the extent they become cure claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Unsecured debt, Option (finance), Consideration, Default (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Prepetition unsecured creditor defeats objection to claim for post-petition attorneys' fees
    2008-01-24

    In Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Company, the Supreme Court held that federal bankruptcy law does not automatically disallow claims for post-petition attorneys' fees incurred by a prepetition unsecured creditor simply because such fees are incurred in litigating issues arising under the Bankruptcy Code. The Court, however, left open the issue whether such claims may be disallowed on the basis that the attorneys' fees were incurred post-petition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Surety, Debtor, Unsecured debt, Remand (court procedure), Unsecured creditor, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    Bankruptcy asset sales
    2008-01-19

    The Bankruptcy Code facilitates asset sales in chapter 11 by offering incentives to buyers and flexibility in structuring and timing the sale. A buyer can acquire assets free and clear of liens and is permitted to "cherry-pick" the debtor's contracts and leases to select only those it wants to keep. The assets and sale process can be structured in many ways, including auctions, private sales, lot or bulk sales, and going concern transactions.

    The Key Parties

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Corporate governance, Bankruptcy, Debtor, Unsecured debt, Security (finance), Interest, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Plastech bankruptcy filing
    2008-02-05

    On Friday, February 1, 2008, Plastech Engineered Products, Inc. and certain of its affiliated companies (collectively, “Plastech”) filed for protection under Chapter 11 of the Bankruptcy Code in Detroit, Michigan. None of Plastech's foreign incorporated affiliates are included in this bankruptcy petition and as such, any transaction with such affiliates should continue in the normal course.

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Unsecured debt, Option (finance)
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Plan rejection upheld because of vote ‘gerrymandering’
    2008-01-31

    The U.S. Court of Appeals for the Third Circuit has ruled that a debtor may not reduce the number of votes required to confirm a chapter 11 plan of reorganization by purchasing certain claims. Such vote “gerrymandering” resulted in an unconfirmable plan, the court ruled. In re Machne Menachem, Inc., 233 Fed. Appex. 119, 2007 WL 1157015 (3d Cir. Apr. 19, 2007 (Pa.)).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Unsecured debt, Board of directors, Interest, Voting, Bad faith, US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Creditor’s pre-petition release of debtor - guarantor voided by Bankruptcy Appellate Panel
    2008-03-27

    In In re SNTL Corp.,1 the United States Bankruptcy Appellate Panel of the Ninth Circuit recently decided that if a creditor is required in another proceeding to disgorge as a preference a payment that had been guaranteed by the debtor, the debtor’s liability as guarantor may be revived, provided that the agreement releasing the debtor from its guarantee obligation to the creditor explicitly permits such revival.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Surety, Debtor, Unsecured debt, National Insurance, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Business debt restructuring still available through Chapter 11
    2008-03-21

    Recent news reports have focused on the problems of the financial markets on the one hand and consumer mortgage problems on the other. While Congress may yet grant authority to bankruptcy judges to modify home loans, modification of business loan facilities of all sizes remains available as a powerful and fundamental tool to be used in a business financial restructuring.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Discrimination, Interest, Mortgage loan, Good faith, Secured creditor, Debt restructuring, Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy proof of claim form recently changed
    2008-02-27

    Effective December 1, 2007, the official proof of claim form filed in bankruptcy cases changed. While the basic information included on the proof of claim form remains the same, there are some changes creditors should be aware of which are summarized below.

    Creditor Information

    Filed under:
    USA, Insolvency & Restructuring, Dinsmore & Shohl LLP, Credit card, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Mortgage loan, Deed of trust (real estate), Social Security number, Wrongful death claim, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP

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