Reed Smith LLP | Global Insolvency

Make-whole claim in the amount of 37% of loan balance is enforced by Delaware Bankruptcy Court

12 June 2013

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Comity outweighed by significant differences in law in chapter 15 case

12 June 2013

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Seventh Circuit rules rejection of executory trademark license does not terminate the license, creates a split of authority

12 June 2013

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Venue created by subsidiary incorporation ‘bootstraps’ venue selection

12 June 2013

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USA

A longer statute of limitations period for pursuing fraudulent transfer actions may exist

12 June 2013

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Following Castleton Plaza, competitive bidding required where insider asserts ‘new value’ exception to absolute priority rule

12 June 2013

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Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

12 June 2013

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Defrauded initial lien holder maintains priority over subsequent innocent lenders

12 June 2013

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Trustee fails to carry burden, court affirms pre-petition transfers to cover check-kiting losses not avoidable preference

12 June 2013

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Asset purchaser is subject to successor liability for FLSA judgment, despite specific disclaimer of liability

12 June 2013

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