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    Cayman hedge funds liquidators' request for Chapter 15 protection denied by Bankruptcy Court
    2007-09-19

    Funds' assets in the U.S. has been denied by the United States Bankruptcy Court for the Southern District of New York. See 2007 Bankr. LEXIS 2949, *26 (Bankr. S.D.N.Y. Aug. 30 , 2007). The Funds were being liquidated in the Cayman Islands, but the bankruptcy court held that they were not eligible for Chapter 15 relief under the U.S. Bankruptcy Code (the "Code") because the liquidations were not pending in a country where the Funds had their "center of main interests" or an "establishment" for the conduct of business.

    Filed under:
    Cayman Islands, USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Injunction, Market liquidity, Swap (finance), Hedge funds, Liquidation, Broker-dealer, Liquidator (law), Westlaw, US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    Cayman Islands, USA
    Firm:
    Schulte Roth & Zabel LLP
    Corporate dissolution
    2010-06-18

    In re Texas Eastern Overseas, Inc., 2009 WL 4270799 (Del. Ch. Nov. 30, 2009).  

    This suit involved Petitioner AmeriPride Services Inc. (“AmeriPride”)’s motion for the appointment of a receiver pursuant to 8 Del. C.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Potter Anderson & Corroon LLP, Contamination, Interest, Westlaw, Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Court rejects the "prudent investor rate" in favor of the PBGC discount rate
    2010-08-17

    A district court rejected the prudent investor rate theory and applied the Pension Benefit Guaranty Corporation (PBGC) discount rate to determine the amount of a PBGC termination liability claim. Wolverine, Procter & Schwartz, LLC v. Lynn F. Riley, 2010 WL 1236298 (D. Mass. 2010). This case demonstrates a recent trend among courts. In the 1990s and 2000s, several courts found that an unfunded benefit liability claim may be recalculated in bankruptcy using a "prudent investor rate" to determine the present value of plan liabilities.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Bankruptcy, Limited liability company, Liability (financial accounting), Discounted cash flow, Pension Benefit Guaranty Corporation, Westlaw
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Chapter 7 trustee's remedy limited
    2010-08-16

    Chapter 7 Trustees can and sometimes do successfully avoid creditor’s perfected liens. Typically, the avoidance opportunity arises because the lien was not perfected on a timely basis. The Bankruptcy Code provides that the avoided liens may be “preserved” for the benefit of the bankruptcy estate; this prevents a windfall to a junior lienor who would become the first lienholder courtesy of the Trustee’s success.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Debt, Westlaw, Title 11 of the US Code, Trustee, United States bankruptcy court, Sixth Circuit, Tenth Circuit
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Landlord’s corner
    2010-09-13

    In this edition of the Landlord’s Corner, we review various cases that address the (i) rights of landlords to recover their property post-rejection, (ii) whether payments pursuant to a termination of lease agreement constitute preferential transfers and (iii) whether a lease could be retroactively rejected in the absence of a formal motion to reject.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Bankruptcy, Debtor, Landlord, Westlaw, Title 11 of the US Code, Trustee, United States bankruptcy court, First Circuit
    Authors:
    Derek J. Baker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Inherited IRA may be exempt from breach of creditors in Ohio
    2010-10-05

    Recently, there have been cases in several states presenting the issue whether funds in an “inherited IRA” are exempt assets.1 An Ohio Bankruptcy Court has now ruled in favor of granting exempt status.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Frost Brown Todd LLP, Tax exemption, Bankruptcy, Debtor, Beneficiary, Retirement, Westlaw, Title 11 of the US Code, Internal Revenue Code (USA), United States bankruptcy court
    Authors:
    Gerald L. Baldwin
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    UCC search logic: can secured creditors be too careful?
    2010-10-22

    Last year (October 23, 2009) we posted on the topic of UCC search logic in light of the bankruptcy case of In re EDM Corporation 2009 Westlaw 367773 (Bankr.D.Neb.).

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy, Debtor, Collateral (finance), Secured creditor, Westlaw, Uniform Commercial Code (USA), Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Fact inquiry necessary to determinate which sales of securities were "by means of" misstatements
    2010-10-22

    The U.S. Bankruptcy Court for the District of Massachusetts recently denied a motion for summary judgment on the issue of damages by investors in Access Cardiosystems, Inc. against one of the defendants, Randall Fincke. The investors had asserted claims against Mr.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Security (finance), Patent infringement, Fraud, Misrepresentation, Legal burden of proof, Causation (law), Westlaw, Securities Act 1933 (USA), United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Sixth Circuit rules in favor of bank and resolves conflict among bankruptcy courts concerning whether the arrearage amount on mortgages includes fees and costs permitted by the contract terms and non-bankruptcy law
    2010-10-19

    Deutsche Bank held an under-secured home mortgage from a Chapter 13 debtor. The debtor was in arrears, but wanted to retain possession and control of her home. Thus, in her Chapter 13 plan, the debtor proposed to cure the arrearage, as required by 11 U.S.C. § 1322(e). The problem, however, was that the parties could not agree on the arrearage amount.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Costs in English law, Debtor, Collateral (finance), Statutory interpretation, Federal Reporter, Mortgage loan, Attorney's fee, US Congress, Deutsche Bank, Westlaw, US Code, United States bankruptcy court, Sixth Circuit
    Authors:
    S. Chad Meredith
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Second Circuit affirms dismissal in Madoff-related investor action
    2010-10-29

    The U.S. Court of Appeals for the Second Circuit affirmed the U.S. Bankruptcy Court for the Southern District of New York’s dismissal of a complaint brought by Rosenman Family, LLC, an investor with Bernard L. Madoff Investment Securities LLC (BLMIS), against the trustee of BLMIS’s estate. The complaint alleged that Rosenman was entitled to a return of $10 million it wired to BLMIS, because, Rosenman argued, the funds were stolen or embezzled by BLMIS and thus never became BLMIS’s property and/or part of BLMIS’s bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Bankruptcy, Security (finance), Interest, Limited liability company, Investment funds, Embezzlement, Westlaw, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Jonathan Rotenberg
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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