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    When are goods received for the purpose of asserting administrative priority status under Section 503(b)(9) of the Bankruptcy Code?
    2010-05-06

    A bankruptcy court recently held that in order for a supplier of goods on credit to establish an administrative claim under Bankruptcy Code section 503(b)(9) in the bankruptcy case of its buyer, the supplier will need to show that its buyer "physically" received the goods within 20 days prior to the buyer's bankruptcy filing, regardless of when title to the goods passed. In Re Circuit City Stores, Inc., et al., Case No. 08-35653, No. 7149 (Bankr. E.D. VA April 8, 2010).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Retail, Credit (finance), Debtor, Unsecured debt, Prima facie, United States bankruptcy court
    Authors:
    Robert Sahyan
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Reclamation procedure orders: a trap for unwary vendors?
    2010-12-01

    Reclamation claimants have long enjoyed special protections under Bankruptcy Code section 546(c), which recognizes that “the rights and powers of a trustee... are subject to the right of a seller of goods,” including reclamation rights under Section 2-702 of the Uniform Commercial Code. At a minimum, Section 2-702 clearly requires that a reclamation claimant must make demand upon its buyer in order to reclaim its goods and protect its rights. However, Paramount Home Entertainment Inc. v. Circuit City Stores, Inc., 2010 WL 3522089 (ED Va., Sept.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Debtor, Westlaw, Title 11 of the US Code, Uniform Commercial Code (USA), Trustee, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    M. Douglas Flahaut , Mette H. Kurth
    Location:
    USA
    Firm:
    ArentFox Schiff
    Does the Bankruptcy Code's automatic stay provision apply to qui tam actions?
    2011-02-07

    Yes, but only if the government declines to intervene in the action. United States ex rel. Kolbeck v. Point Blank Solutions, Inc., 1:08-cv-1187 (E.D. Va.), recently addressed this issue.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Qui tam, Federal Reporter, False Claims Act 1863 (USA), US Code, Title 11 of the US Code, Eighth Circuit, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Sellers of goods beware! A written reclamation demand may not be enough
    2011-04-06

    In September 2010, the District Court for the Eastern District of Virginia denied a reclaiming seller rights despite the claimant’s service of a timely written reclamation demand and compliance with a reclamation procedures order and section 546(c) of the Bankruptcy Code.

    Section 546(c) of the Bankruptcy Code provides that:

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Collateral (finance), Cost–benefit analysis, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Sherri L. Dahl
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Weathering the storm: district court imposes additional duties on creditors seeking to reclaim goods sold to a debtor during the 45-day period preceding the bankruptcy case
    2011-04-11

    Vendors who sell goods to customers are probably familiar with the issues that arise when the customer later files bankruptcy.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Creditors of Industrial Carriers, Inc. afforded some relief in American courts
    2015-04-22

    The fallout from Industrial Carriers Inc.'s ("ICI") unsuccessful application for the granting of a petition for bankruptcy in Greece in 2008 continued to play out in the United States District Court for the Eastern District of Virginia recently. In Flame S.A. v. Indus. Carriers, Inc., 39 F.Supp.3d 769 (E.D. Va.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Montgomery McCracken Walker & Rhoads LLP
    Location:
    USA
    Firm:
    Montgomery McCracken Walker & Rhoads LLP
    Real estate cases: you may want to think twice before you file
    2015-01-30

    Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  –

    A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It alleged that the bankruptcy petition was filed for an improper purpose.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Why you may not want to get all your news from Facebook
    2014-12-15

    Providing proper notice to existing and potential creditors is an important consideration for debtors’ counsel. A seminal Supreme Court decision established that due process for “unknown” claimants is generally satisfied by publication notice, so long as it is reasonably calculated to reach such creditors under the circumstances.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Southern Title Insurance Company declared insolvent and ordered liquidated
    2014-10-29

    In July of this year, the State Corporation Commission of the Commonwealth of Virginia issued an Order declaring Southern Title Insurance Company insolvent and ordering its liquidation.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields
    Authors:
    Catherine Salinas Acree
    Location:
    USA
    Firm:
    Carlton Fields
    'Loan-to-own' strategy may lead to limitation on credit-bidding
    2014-09-19

    On April 14, in In re Free Lance-Star Publishing, 512 B.R. 798 (Bankr. E.D. Va. 2014), the U.S. Bankruptcy Court for the Eastern District of Virginia considered the objection of Chapter 11 debtors to a secured creditor's right to credit bid at a sale of the debtors' assets pursuant to 11 U.S.C. Section 363.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Personal property, Secured creditor, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Rudolph J. Di Massa, Jr. , James G. Schu, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP

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