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1
A Guide To The Bankruptcy Law Of The United States - September 2018
We are pleased to announce an update to the publication of A Guide to the Bankruptcy Law of the United States.
United States
21 Sep 2018
2
On NPR: Why Lehman Still Exists 10 Years After Its Collapse
Christopher Kiplok, counsel to the trustee in the liquidation of Lehman Brothers, was interviewed by NPR's Marketplace regarding the 10th anniversary of the collapse of Lehman Brothers.
United States
17 Sep 2018
3
Delaware Bankruptcy Court Confirms Restructuring Plan Involving Scottish Re
The stipulation and the restructuring plan was then approved
United States
13 Sep 2018
5
In CNBC: Lehman And MF Global Taught The Need To Prepare For The Next Financial Collapse
Lehman and MF Global Taught the Need to Prepare for the Next Financial Collapse​.
United States
11 Sep 2018
6
Third Circuit Weighs In On Scope Of Section 524(g)(4) Injunction
Section 524(g)(4) also authorizes third-party releases for the benefit of a debtor's insurer.
United States
11 Sep 2018
7
A Matter Of Preference: Court Of Appeals For The Eleventh Circuit Holds That The Bankruptcy Code Does Not Require New Value To Remain Unpaid For A Creditor To Avail Itself Of The Defense
On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code ...
United States
7 Sep 2018
8
Saudi Arabia Update – August 2018
Despite the Kingdom's status as OPEC's dominant producer, its interest in Tesla has illustrated that it aims to diversify its economy away from crude oil.
United States
7 Sep 2018
9
Tax Agency Needs Proof To Collect In Bankruptcy Sale (Derousse Comments For Law360 On Seventh Circuit Ruling For Freeborn Client)
On July 9, the Seventh Circuit ruled that the IDOR cannot collect delinquent retail and sales taxes from the proceeds of bankruptcy sales of several businesses because the IDOR did not present evidence of how much...
United States
5 Sep 2018
10
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 States
31 Aug 2018
11
Effect Of Rejected Trademark License Agreement On Rights Of Use
Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate ...
United States
31 Aug 2018
12
Bankruptcy Court Holds That Termination Of Lease Does Not Equal Termination Of Estate Property
On the other hand, the Debtor argued that the stated term of a lease referred only to the lease's specified calendar end date.
United States
31 Aug 2018
13
Texas Court Declines To Adopt Rule Holding Violation Of Law Is Per Se Bad Faith In Fraudulent Transfer Actions
The defendant was hired by a contractor of the debtor to acquire mineral interests in Oklahoma.
United States
31 Aug 2018
14
Delaware Bankruptcy Court Dismisses Committee's Complaint Challenging Portion Of Credit Bid
Katy Industries Inc. manufactured, imported and distributed commercial cleaning and consumer storage products.
United States
31 Aug 2018
15
You've Got Contract: An Email Establishes Binding Settlement In The Second Circuit
In Shinhan Bank v. Lehman Brothers Holdings Inc. (In re Lehman Brothers Holdings Inc.), 17-2700 (2d Cir. July 17, 2018), the Second Circuit upheld the bankruptcy court's and district court's ruling that an email ...
United States
31 Aug 2018
16
Third Circuit Affirms Bankruptcy Court Retention Of Jurisdiction To Resolve Dispute Despite Arbitration Provision
The Third Circuit, in a nonprecedential opinion in FBI Wind Down, Inc. Liquidating Trust v. Heritage Home Group, LLC (In re FBI Wind Down Inc.), Case No. 17-2315 (3d Cir. July 27, 2018), ...
United States
31 Aug 2018
17
Delaware District Court Holds That A $30 Million Haircut Is Not Unfair Discrimination In A Cramdown Plan
After the Third Circuit found that the appeal of confirmation of the Tribune Plan by two senior notes trustees was not equitably moot, Judge Sleet of the Delaware District Court held that the Tribune Plan's failure to strictly enforce ...
United States
31 Aug 2018
18
D.C. Circuit Rules Managers Of Open-Market CLOs Are Not Required To Have "Skin In The Game" - August 22, 2018
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a unanimous decision1 holding that the final rules implementing the requirements of Section 941 of the Dodd-FrankWall Street Reform and...
United States
30 Aug 2018
19
Eleventh Circuit Issues Opinion On New Value Defense To A Preference Claim
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), Case No. 17-13588, addressing the subsequent new value defense to a preferential transfer under Section 547(c)(4) of the U.S. Bankruptcy Code.
United States
29 Aug 2018
20
New Decision Affects D&O Liability
The case involved claims of negligence and breach of fiduciary duty by members of the board and management team of a not-for-profit hospital, filed by the hospital's liquidating trust.
United States
29 Aug 2018
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