Chapter 11

Delaware Judge Rejects Challenge to Payment of Fees for Indenture Trustee in Southeastern Grocers Chapter 11 Case

06/12/18

Southeastern Grocers (operator of the Winn-Dixie, Bi Lo and Harvey’s supermarket chains) recently completed a successful restructuring of its balance sheet through a “prepackaged” chapter 11 case in the District of Delaware.

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Fallbrook Technologies: Gears to Spheres…with a Bankruptcy Detour

03/08/18

On her The Bottom Line 11 blog, Fox partner Mette Kurth discussed the recent bankruptcy filing of mechanical systems startup Fallbrook Technologies:

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HCR ManorCare Files Prepackaged Chapter 11 Petition

03/07/18

On her The Bottom Line 11 blog, Fox partner Mette Kurth discussed the recent bankruptcy filing of health care provider HCR ManorCare:

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#JetMidwest Group, LLC files for Bankruptcy Protection

03/06/18

On her The Bottom Line 11 blog, Fox partner Mette Kurth discussed the recent bankruptcy filing of aircraft service provider Jet Midwest Group:

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Fees for Defending Fees – Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision

10/05/17

The Supreme Court two years ago ruled in Baker Botts v. Asarco that bankruptcy professionals entitled to compensation from a debtor’s bankruptcy estate had no statutory right to be compensated for time spent defending against objections to their fee applications.  Since then, “estate professionals,” i.e., those retained in a bankruptcy case by a trustee, debtor in possession or an official committee of creditors, have sought ways to limit the potentially harsh impact of that decision.

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Nortel Judge Rejects Noteholders’ Challenge to Indenture Trustee’s Fees

03/15/17

Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware handed down an important ruling last week that turned aside most of an unusual challenge to the fees and expenses of an indenture trustee in the long-running Nortel chapter 11 case.  The dispute has been watched closely by financial institutions that serve as trustees on bond issuances.  (Kelley Drye & Warren LLP represented a large creditor in the Nortel case but took no part in the issues discussed here).

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Delaware Bankruptcy Judge: A Carve-Out for Fees Is Not a Cap

01/31/17

Judge Christopher Sontchi recently issued an important opinion in the Molycorp chapter 11 case.  He held that a standard carve-out in a financing order for the fees of counsel and other professionals for an official creditors’ committee will not later limit the ability of such professionals to be paid in full under a confirmed plan of reorganization.  As with

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Punt, Pass or Kick? Supreme Court Struggles With Jevic at Oral Argument

12/09/16

The U.S. Supreme Court heard oral arguments this week in the case of Czyzewski v.

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