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    Estimation of Tort Claims in Bankruptcy: A Powerful Step Towards Plan Confirmation
    2016-07-11

    Like most companies that file for chapter 11 protection, many debtors in the health care industry may have outstanding liabilities that have not been finally adjudicated as of the petition date. This can include tort claims based on allegations of medical malpractice, elder abuse, patient dumping, violations of a patient’s bill of right or various other allegations of improper care. Bankruptcy courts can estimate the value of these claims to facilitate the speedy confirmation of a debtor’s plan without subjecting the debtor to a lengthy trial during its restructuring.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Debtor, Medical malpractice, Liability (financial accounting), Mediation, Liquidation, Wrongful death claim, LinkedIn, Title 11 of the US Code, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Matthew J. Oliver
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?
    2016-06-21

    Claims disputes are “core proceedings” in bankruptcy cases that are subject to the general jurisdiction of bankruptcy courts, subject to exceptions for personal injury tort or wrongful death claims. Under 28 U.S.C.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Wrongful death claim, United States bankruptcy court
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges 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
    Bringing Certainty to Uncertainty: Estimation of Tort Claims
    2016-02-29

    Claims estimation can be an important tool for a chapter 11 debtor, particularly to pave the way for proposing a chapter 11 plan.  How a bankruptcy court estimates wrongful death and personal injury tort claims (which have a jury trial right) is an interesting issue that was recently discussed by the Bankruptcy Court for the Central District of California in In re North American Health Care, Inc.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Personal Injury, Weil Gotshal & Manges LLP, Debtor, Jury trial, Wrongful death claim
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can’t control your emotions? Well, maybe the bankruptcy court can.
    2015-09-24

    In the seemingly never-ending post-Stern quest to elucidate what constitutes a “core” versus “non-core” matter – and exactly what impact that distinction has on the bankruptcy court’s authority to enter a final judgment – the Bankruptcy Court for the Southern District of New York recently set out to answer the question of whether a claim for intentional infliction of emotional distress properly is cons

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Wrongful death claim, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges 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
    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
    Bringing Certainty to Uncertainty: Estimation of Tort Claims
    2016-02-29

    Claims estimation can be an important tool for a chapter 11 debtor, particularly to pave the way for proposing a chapter 11 plan.  How a bankruptcy court estimates wrongful death and personal injury tort claims (which have a jury trial right) is an interesting issue that was recently discussed by the Bankruptcy Court for the Central District of California in In re North American Health Care, Inc.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Jury trial, Wrongful death claim
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can’t control your emotions? Well, maybe the bankruptcy court can.
    2015-09-24

    In the seemingly never-ending post-Stern quest to elucidate what constitutes a “core” versus “non-core” matter – and exactly what impact that distinction has on the bankruptcy court’s authority to enter a final judgment – the Bankruptcy Court for the Southern District of New York recently set out to answer the question of whether a claim for intentional infliction of emotional distress properly is cons

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Wrongful death claim, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
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