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  • Article

    Excalibur Reinsurance Corporation Placed Into Liquidation

    Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Carlton Fields
    Carlton Fields
  • Article

    Executive's Unpaid Stock-Based Compensation Considered an Equity Security by the Court

    On July 18, 2016, Judge Walrath issued a concise written opinion ruling upon whether an executive's claim for unpaid stock-based compensation was an equity security or rather a general unsecured claim against the Debtors' estate.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Goodbye UFTA, Hello UVTA

    If you’re in the business of what the original Statute of Elizabeth called "the avoiding of feigned, covinous and fraudulent feoffments," and if you’re in one of the 25 states currently utlizing the Uniform Fraudulent Transfer Act, ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    House Passes Legislation Allowing Financial Institutions To Seek Chapter 11 Protection

    On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 and the Financial CHOICE Act of 2017) that would allow financial institutions...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    How Sports Authority's Bankruptcy Filing Impacts Landlords And Trade Creditors, And Creates Opportunities For Retailers

    On March 2, 2016, Sports Authority, Inc. ("Sports Authority") and six of its affiliates filed for Chapter 11 bankruptcy in Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    How Sports Authority's Bankruptcy Filing Impacts Landlords And Trade Creditors, And Creates Opportunities For Retailers

    On March 2, 2016, Sports Authority, Inc. ("Sports Authority") and six of its affiliates filed for Chapter 11 bankruptcy in Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    In Re Fisker: Delaware Bankruptcy Court Imposes Roadblock To Credit Bidding

    In considering a Section 363 asset sale in "In re Fisker Automotive Holdings, Inc.", the United States Bankruptcy Court for the District of Delaware used its "for cause" power under Section 363(k) to limit the proposed purchaser’s credit bid and trigger a competitive cash auction for the debtor’s assets.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    Individual Chapter 11 Debtors Cannot Escape The Absolute Priority Rule

    In a case of first impression before the 9th Circuit, on January 28, 2016, the Court held that the Absolute Priority Rule applies in all chapter 11 cases, even if the debtor is an individual.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    Insolvency At Its Limits: What Management And Creditors Of Insolvent LLCs And LPs Should Know About Fiduciary Duties Waivers And Standing, Inside And Outside Of Bankruptcy

    The answers to these questions may depend on whether the insolvent LLC or LP is in bankruptcy.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    WilmerHale
    WilmerHale
  • Article

    Kane Russell Coleman Logan PC Attorneys Author Article In The 2021 Issue Of The University Of North Carolina School Of Law Banking Institute Journal

    Kane Russell Coleman Logan attorneys John Kane, Gordon Russell, Kyle Woodard and Kathleen Thompson authored an in-depth article titled Rejection: How Bankruptcy Courts' Treatment of Midstream...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Kane, Russell, Coleman & Logan, P.C.
    Kane, Russell, Coleman & Logan, P.C.
  • Article

    LaManna Named One Of Lawdragon's 500 Leading U.S. Bankruptcy And Restructuring Lawyers

    Kathleen LaManna has been named as one of 500 Leading U.S. Bankruptcy & Restructuring Lawyers by Lawdragon. COVID-19 has put unbearable pressure on corporations during these unprecedented times
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Shipman & Goodwin LLP
    Shipman & Goodwin LLP
  • Article

    Legislative Update: Enactment Of The UK Corporate Insolvency And Governance Act

    On June 25, 2020, the new UK Corporate Insolvency and Governance Act ("Act") became law after it was given Royal Assent by Queen Elizabeth II.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    Lehman Reaches $38 Billion Deal With European Unit

    The Trustee overseeing the liquidation under the Securities Investor Protection Act ("SIPA") of Lehman Brothers Inc. ("Lehman") in the U.S. and the Joint Administrator of Lehman Brothers International (Europe) ("LB Europe") in the U.K. have reached an agreement in principle to resolve $38 billion in asserted claims among Lehman, LB Europe and subsidiaries and affiliates.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Maxus Energy Corp. Filed For Chapter 11

    A significant portion of this post draws upon information in the first day declaration of Javier Gonzalez [D.I. 2] (the "Declaration").
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Nine Point Energy Files For Chapter 11 Bankruptcy Protection In Delaware

    Another energy company has succumbed to bankruptcy in the wake of the Covid-19 pandemic.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Ninth Circuit Requires Debtors To Pay Interest At Default Rate To Cure Default

    The debtor defaulted on a mortgage. The bankruptcy court confirmed a chapter 11 plan that allowed the debtor to cure the default by selling the property and using the sale proceeds to pay the loan off...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Objections To Applications Which Include Indemnification For Defense Of Fees Sustained

    The UST objected to the applications because they include a provision indemnifying them for expenses incurred in any successful defense of their fees.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Official Bankruptcy Forms Revised To Reflect April 1, 2022 Dollar Amount Adjustments Now In Effect

    As discussed in an earlier post called "Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2022," various dollar amounts in the Bankruptcy Code...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Cooley LLP
    Cooley LLP
  • Article

    Opinion In Syntax-Brillian – Terminating A Trustee? Not So Easy.

    Quoting Judge Shannon's opinion, Judge Carey similarly dismisses the Movants' arguments as to lack of standing.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Orrick's Marc Levinson Compares Chapter 9 To Chapter 11 For The Federal Judicial Center Website

    Orrick Restructuring Senior Counsel Marc Levinson is one of the chapter 9 experts assisting in the preparation of a chapter 9 manual for bankruptcy judges and court clerks that has been posted on the website...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Orrick
    Orrick
  • Showing 961–980 of 6272 results

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