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  • Article

    Baha Mar Creditors Head Back To Bahamas

    In his Memorandum Opinion, Judge Carey dismissed the Chapter 11 cases filed by the Bahamas-based debtors under section 305(a) of the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    CFPB Files Suit Against Student Loan Servicer

    On May 31, 2024, the CFPB announced that it had filed suit against a Pennsylvania-based student loan servicer for engaging in allegedly unfair, deceptive and abusive acts or practices in violation of the CFPA...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Goodwin Procter LLP
    Goodwin Procter LLP
Article

Continued Pain In The Retail Sector: Coming Enforcement Of Forced Labor Laws

After a pause in 2022, there has been much talk of the continuation, or resumption, of a wave of retail bankruptcy cases as we begin 2023.
United StatesInsolvency/Bankruptcy/Re-Structuring
Crowell & Moring LLP
Crowell & Moring LLP
  • Article

    Court Rules That Initial Transfer Need Not Be Avoided Before Recovery From Subsequent Transferee

    The United States Bankruptcy Court for the Southern District of New York has ruled that a creditor or trustee seeking to recover a subsequent transfer under Section 550(a) of the Bankruptcy Code...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    Cubic Energy Files A Prepack Chapter 11 Petition

    On Friday, December 11, 2015, Cubic Energy Inc. and affiliated debtors ("Debtors" or "Cubic") filed a voluntary Chapter 11 with the United States Bankruptcy Court for the District of Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Easement Held To Be An In Rem Property Interest Subject To Section 363 Sale

    In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that an easement is an in rem property interest, subject to sale free and clear under Bankruptcy Code section 363(f).
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Egenix, Inc. First Day Hearing Scheduled For January 6, 2015

    There have been several developments in the Egenix, Inc. ("Egenix" or "Debtor") bankruptcy case pending in the District of Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Emergency Appeal In Hanjin Shipping Case Highlights Disconnect Between Bankruptcy And Maritime Law In The United States

    A number of towage and bunker suppliers have requested the intervention of a district court judge to clarify whether the U.S. Bankruptcy Court has authority to "effectively extinguish... maritime liens" on chartered vessels.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Masuda, Funai, Eifert & Mitchell, Ltd.
    Masuda, Funai, Eifert & Mitchell, Ltd.
  • Article

    From The Top: U.S. Supreme Court To Hear Case On Scope Of Section 546(e)'s Safe Harbor

    The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    From The Top: U.S. Supreme Court To Hear Case On Scope Of Section 546(e)'s Safe Harbor

    On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    Further Guidance On SVB Provided By The FDIC

    As a further update to our client alerts related to the failure of Silicon Valley Bank, the ensuing FDIC receivership, and the government's decision to invoke the systemic risk exception...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    In re Yonish

    The Sixth Circuit B.A.P. reverses the bankruptcy court's denial of the motion to reopen the bankruptcy case to avoid judicial liens.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    Insys Liquidation Trust Asserts Preference Claims In The Delaware Bankruptcy Court

    Starting on February 18, 2021, Insys Liquidation Trust ("Insys Trust"), the liquidation trust appointed by the United States Bankruptcy Court for the District of Delaware to prosecute claims on...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Interest Payments Do Not Qualify As Protected Settlement Payments Under Section 546(e)

    The bankruptcy court stated that "while Madoff applies an expansive scope for a protected ‘securities contract,' the current record provides no factual basis to support the defendants' argument."
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Kentucky Legislative Tweaks

    With only one day left in the 2016 legislative session—the legislature is scheduled to adjourn sine die on April 12—the General Assembly has passed, and the Governor signed, less than 30 of the 941 bills introduced—a success rate of only 3%.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Leading Edge Logistics – Preference Actions Filed

    From May 11 through May 17, Alfred Giuliano, the Chapter 7 Trustee for the bankruptcy estate of Leading Edge Logistics, LLC, filed approximately 86 complaints in preference action cases.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Matteson v. Bank Of America, N.A. (In Re Matteson)

    The Sixth Circuit B.A.P. reverses the bankruptcy court's finding that the mortgagee's claim should be reduced by the amount the mortgagee would have received under the Chapter 13 plan if it had filed a proof of claim.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    Michigan Supreme Court Remands "Cherryland" After Enactment Of Legislation Deeming Solvency Covenants Of Non-Recourse Loans Unenforceable

    In March 2012, we discussed proposed legislation in Michigan entitled the Nonrecourse Mortgage Loan Act.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    MIG, LLC – Virgin Islands Law According To Judge Gross

    In a 14 page decision, released December 16, 2015, Judge Gross of the Delaware Bankruptcy Court considered made a determination of British Virgin Islands law on limited partnerships.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Milbank Achieves Dismissal Of Appeal Seeking To Undo Confirmation Of Its Client's $1.2B Chapter 11 Bankruptcy Plan

    Milbank, Tweed, Hadley & McCloy LLP recently secured a dismissal of an appeal seeking to undo the confirmed $1.2 billion chapter 11 bankruptcy plans that its client JD Holdings, L.L.C...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Milbank
    Milbank
  • Showing 681–700 of 6271 results

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