Still Trying to Close the Stern v. Marshall Can of Worms – The Supreme Court To Grapple Again With Thorny Questions of Bankruptcy Court Jurisdiction
Three years ago, in Stern v. ... Read full article
Three years ago, in Stern v. ... Read full article
For the past two years, Charles Ergen, chairman and co-founder of Dish Network, and Philip Falcone, manager of Harbinger Capital Partners, have been doing battle in the Chapter 11 case of mobile communications company LightSquared Inc. LightSquared, ... Read full article
Two months from now will bring the five year anniversary of the unraveling of Bernie Madoff’s Ponzi scheme, one of the bookends, along with the collapse of Lehman Brothers ., of the extraordinary Fall of 2008 . To date, Trustee Irving Picard has recovered ... Read full article
Many commentators have remarked that a “new normal” has evolved for Chapter 11 proceedings , wherein the major constituents negotiate the salient terms and exit strategy of the debtor’s restructuring prior to the filing of the bankruptcy petition, ... Read full article
The Chapter 9 bankruptcy case of Stockton, California has come to an unexpectedly quick and consensual resolution . The outcome here, which will see the city’s pension obligations maintained, is particularly surprising given the vehement opposition of ... Read full article
A few months ago, a ruling in the Chapter 11 case of Fisker Automotive narrowed a secured creditor’s right to credit bid its debt in connection with a sale of the debtor’s assets. The decision surprised many observers and resurrected uncertainty about a ... Read full article
The chapter 11 filings this month of Sbarro and Quiznos share many similarities . Both companies are looking to survive in a difficult sector of a tough industry. Both were forc ... Read full article
Fisker Automotive’s chapter 11 case began in what has become a depressingly familiar fashion – a fast-tracked sale to a secured lender. However, two rulings by Judge Kevin Gross of the U.S. ... Read full article
A parochial elementary school and high school were recently sued in the U.S. Bankruptcy Court for the Eastern District of New York by Robert Geltzer, a bankruptcy trustee. The suits, Geltzer v. Our Lady of Mt. Carmel-St. Benedicta School and Geltzer v. ... Read full article
Last week’s ruling by ... Read full article
In an opinion that will have a significant impact on the viability of debt for debt exchanges and out of court restructurings, Judge Martin Glenn of the U.S. ... Read full article
The Chapter 9 bankruptcy case of Stockton, California has come to an unexpectedly quick and consensual resolution . The outcome here, which will see the city’s pension obligations maintained, is particularly surprising given the vehement opposition of ... Read full article
A few weeks ago in In re S. White Transportation , the U.S. Court of Appeals for the Fifth Circuit permitted a secured creditor that had indisputably received notice of the debtor’s chapter 11 case, but took no steps to protect its interests until after ... Read full article
GGW LLC and its affiliates (“GGW”), which produce and distribute the soft core pornography videos known as “Girls Gone Wild”, recently filed for relief under chapter 11 of the Bankruptcy Code. The filing follows years of legal troubles for the company’s ... Read full article
Many commentators have remarked that a “new normal” has evolved for Chapter 11 proceedings , wherein the major constituents negotiate the salient terms and exit strategy of the debtor’s restructuring prior to the filing of the bankruptcy petition, ... Read full article
Everyone gathered last week at the meeting convened by Detroit Emergency Manager Kevyn Orr knew that the news would be dire. Nonetheless, Orr’s report on Detroit’s financial condition and his proposal for the treatment of the city’s creditors – an offer ... Read full article
Distressed m&a is the “new normal” in Chapter 11 cases, as noted here and elsewhere . Two large media marketing and advertising companies, SuperMedia and Dex One , took the “new normal” to new extremes l ... Read full article
The School Specialty chapter 11 case began in what has become all too typical fashion. The company, overleveraged and short of cash, had no choice but to accept a lifeline extended by its second lien secured lender, a private investment fund. The terms of ... Read full article
Nearly nine months after it filed for protection under Chapter 9 of the Bankruptcy Code , a federal bankruptcy judge last week determined that the city of Stockton, California has satisfied the requirements of Section 109(c) of the Bankruptcy Code and may ... Read full article