Chapter 11

The Dog That Didn't Bark - Second Circuit's Opinion in DBSD North America Disallows Gifting, But Is Silent on Cramdown of Secured Creditor

03/02/11

As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD&rdqu

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The Dog That Didn't Bark - Second Circuit's Opinion in DBSD North America Disallows Gifting, But Is Silent on Cramdown of Secured Creditor

03/02/11

As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD&rdqu

[more]

State Law Determines Alter Ego Liability for Federal Tax Liens

02/07/11

By: Edmund Witter
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Attorney-Client Privilege Transfers to the Post-Bankruptcy Company

01/19/11

By: Melissa Schneer
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Section 1129(d)’s Firm Stance: The Effect of Reorganization as a Vehicle for Tax Avoidance

01/19/11

By: Jon H. Ruiss, Jr., CPA
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Diocese of Milwaukee Seeks Chapter 11 Protection From Sexual Abuse Claims

01/05/11
The Diocese of Milwaukee filed a petition for chapter 11 relief on January 4, 2011 after twenty years of dealing with sexual abuse claims and an unfavorable ruling on its insurance coverage. In re Diocese of Milwaukee, Case No. 11-20059 (Bankr. E.D. Wisc. 1/4/11). Milwaukee is the eighth U.S. Catholic Diocese out of 194 to seek bankruptcy protection as the result of sex abuse claims.
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Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America

12/10/10

The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The Second Circuit upheld a separate challenge to the plan brought by an unsecured creditor). The

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Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America

12/10/10

The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The Second Circuit upheld a separate challenge to the plan brought by an unsecured creditor). The

[more]

Court Tosses Life Vest to Trico Marine Services

11/18/10

Some legal commentators have lamented the extent to which lenders have been able to use debtor in possession (“DIP”) financing arrangements to gain control over an entire Chapter 11 case. DIP lenders have usually been able to justify aggressive provisions, and courts have approved them, on the basis that they may provide the only realistic chance for debtors to reorganize or sell

[more]

Court Tosses Life Vest to Trico Marine Services

11/18/10

Some legal commentators have lamented the extent to which lenders have been able to use debtor in possession (“DIP”) financing arrangements to gain control over an entire Chapter 11 case. DIP lenders have usually been able to justify aggressive provisions, and courts have approved them, on the basis that they may provide the only realistic chance for debtors to reorganize or sell

[more]