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    Opportunities created by The Sbarro's bankruptcy filing
    2014-03-18

    On Monday, March 10, 2014, the companies that own and operate the Sbarro pizza chain, Sbarro LLC and 33 affiliates, filed for bankruptcy reorganization under Chapter 11 of the federal Bankruptcy Code.  The Sbarro companies operate 217 restaurants in the U.S. and there are 582 franchised restaurants, 176 in the U.S. and 406 at international locations.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Wiley Rein LLP
    Authors:
    Robert A. Smith , H. Jason Gold , Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Policyholder’s bankruptcy does not relieve insurer’s obligations for “loss”
    2014-03-10

    The Court of Appeals of Wisconsin, applying Wisconsin law, has held that a policyholder's bankruptcy did not relieve an insurer of its obligations to pay for "loss" under a policy endorsement that included a bankruptcy provision.Hollingsworth v. Landing Condos. of Waukesha Ass'n, Inc., 2014 WL 839244 (Wis. Ct. App. Mar. 5, 2014).

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Sixth Circuit finds no bankruptcy exception to prohibition against direct actions in Tennessee
    2014-02-24

    The Court of Appeals for the Sixth Circuit held that no exception exists to Tennessee’s general prohibition on direct actions against an insurer, even in cases where the insured has declared bankruptcy triggering an automatic stay before a judgment in the underlying action.  Mauriello v. Great American E&S Insurance Co., 2014 WL 321921 (6th Cir. Jan. 30, 2014).  In so holding, the Sixth Circuit reasoned that an adequate remedy remains notwithstanding the automatic stay for a claimant to obtain a judgment against a bankrupt insured.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Direct action, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Fourth Circuit protects rights of patent licensees in cross-border bankruptcy case
    2013-12-05

     

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Debtor, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Can a bankrupt franchisee assign its franchise without the franchisor’s consent?
    2013-11-05

    When a franchisee files for bankruptcy, a franchisor naturally has concerns over how the process will affect the parties’ relationship. Of particular concern is the possibility that the franchisor will be forced into a relationship with an unacceptable successor as a result of a bankruptcy judge’s decision to authorize assumption and assignment of the franchise agreement over the franchisor’s objection.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Default (finance), Debtor in possession, United States bankruptcy court
    Authors:
    Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Suit for misuse of investment funds does not allege act in performance of “mortgage broker services” within definition of “insured services”
    2013-10-08

    The United States District Court for the Northern District of Texas has held that underlying claims that the insureds misused investment funds intended for the purchase of nonperforming mortgages did not allege negligent acts, errors, or omissions in performing “mortgage broker services” within the policy’s definition of “Insured Services.”  Axis Surplus Ins. Co. v. Halo Asset Mgmt., LLC, 2013 WL 5416268 (N.D. Tex. Sept. 27, 2013).

    Filed under:
    USA, Texas, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Mortgage loan, Negligence
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Issues facing business partners of bankrupt government contractors
    2013-09-30

    The economic impact of forced budget cuts from the sequester and other government funding crises—ranging from a government shutdown to the federal debt limit—and congressional gridlock place disproportionate pressure on smaller- or second tier-government contractors.  Business partners of a  financially infirm contractor must prepare for when a contract business partner, co-venturer, or teaming partner falls over the fiscal cliff and files for bankruptcy protection.  In this article, we will provide an over

    Filed under:
    USA, Insolvency & Restructuring, Projects & Procurement, Wiley Rein LLP, Bankruptcy, Debtor, Federal Acquisition Regulation (USA), Federal Aviation Regulations (USA)
    Authors:
    Alexander M. Laughlin , Eric W. Leonard , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Tenth Circuit holds exclusion for claims arising out of bankruptcy or insolvency may bar coverage for claim under broker’s errors and omissions policy
    2013-09-25

    The United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has held that a bankruptcy or insolvency exclusion may bar coverage for the insured broker’s claim, where the broker’s actions were connected to the bankruptcy of its client’s former insurer.  C.L. Frates & Co. v. Westchester Fire Ins. Co., 2013 WL 4734093 (10th Cir. Sept. 4, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Tenth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Insured’s failure to provide timely notice of a potential claim defeats coverage
    2013-09-11

    Applying Pennsylvania law, the United States District Court for the Eastern District of Pennsylvania has held that an insured’s failure to notify its insurer of a potential claim violated the notice provision of the policy.  Pelagatti v. Minn. Lawyers Mut. Ins. Co., 2013 WL 3213796 (E.D. Pa. June 25, 2013).  In  so doing, the court held that the insurer was not required to show that it was prejudiced by the late notice and that whether the insured’s failure to provide timely notice negates coverage is determined under a “hybrid subjective/objective test.”

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Wrongful death claim
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Statute of limitations on avoidable preference actions
    2013-08-16

    Under the Bankruptcy Code, a lawsuit to recover avoidable preference payments must be filed prior to the expiration of the statute of limitations. Specifically, such lawsuits must be commenced before the later of 1. two years after the commencement of the case or 2. one year after the appointment or election of the first Trustee, provided that the two-year period has not already expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Statute of limitations
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP

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