Your search for Articles on bankruptcy, found 526 article(s).
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| 1 | The Latest on Deepening Insolvency Ezra H. Cohen, Vivieon E. Kelley; Troutman Sanders LLP; July 22, 2008, previously published on July 3, 2008 Some commentators have suggested that a recent decision by the Delaware bankruptcy court is contrary to other recent cases that prevent the trustee of a bankruptcy corporation from recovering damages for deepening insolvency that occurs after liquidation is inevitable. |
| 2 | Supreme Court Closes Door on Exemption from State Stamp Taxes for Pre-Confirmation Asset Transfers Richard E. Hagerty; Troutman Sanders LLP; July 22, 2008, previously published on July 3, 2008 The Supreme Court's interpretation of Section 1146(a) was quite reasonable and indeed was predictable after the Court granted certiorari to review the contrary interpretation of the Eleventh Circuit. |
| 3 | Supreme Court Decides that Pre-Confirmation Transfer Tax Exemptions are No Longer on the Menu in Piccadilly Cafeterias Lorenzo Marinuzzi, Jordan Wishnew; Morrison & Foerster LLP; July 22, 2008, previously published on July 2008 On June 16, 2008, the United States Supreme Court (the "Court") held that section 1146(a) of Title 11, 11 U.S.C. § 101 et seq. (the "Bankruptcy Code") only affords a stamp-tax exemption to transfers made pursuant to a confirmed Chapter 11 plan of reorganization, thereby... |
| 4 | U.S. Supreme Court Limits Stamp-Tax Exemption to Asset Transfers under Confirmed Chapter 11 Plans Alan W. Kornberg, Stephen J. Shimshak, Brian S. Hermann; Paul, Weiss, Rifkind, Wharton & Garrison LLP; July 17, 2008, previously published on June 30, 2008 Resolving a split among various circuits, the United States Supreme Court has ruled that the exemption from state stamp taxes under section 1146(a) of the Bankruptcy Code does not apply to asset sales under section 363 of the Bankruptcy Code that took place before confirmation of a debtor's chapter... |
| 5 | Supreme Court Holds Bankruptcy Code Transfer Tax Exemption Applicable Only to Postconfirmation Transfers George B. South, Jason R. Wolf; King & Spalding LLP; July 18, 2008, previously published on June 30, 2008 On June 16, 2008, the United States Supreme Court issued an opinion in Florida Department of Revenue v. Piccadilly Cafeterias, Inc. holding that the stamp-tax exemption of 11 U.S.C. § 1146(a) does not apply to transfers of assets made prior to confirmation of a Chapter 11 plan. |
| 6 | 'Unassumable' Executory Contracts - Surviving the Ride through Bankruptcy David M. Fournier, Anne Marie Aaronson; Pepper Hamilton LLP; July 16, 2008, previously published on June 30, 2008 Among the most valuable restructuring tools available to a chapter 11 debtor is the ability to assume or reject executory contracts pursuant to Section 365 of the Bankruptcy Code. A debtor that elects to assume a contract can cure defaults, provide adequate assurance of future performance and... |
| 7 | Supreme Court Rules Chapter 11 Debtor Cannot Avoid Transfer Taxes on 363 Sale Stephen M. Pezanosky; Haynes and Boone, LLP; July 15, 2008, previously published on June 18, 2008 On June 16, 2008, the United States Supreme Court ruled that a debtor in a Chapter 11 case may not avoid transfer taxes associated with a sale of assets made prior to the bankruptcy court's approval of a Chapter 11 plan of reorganization or liquidation. |
| 8 | Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc.: Supreme Court Decision Denying Stamp Tax Exemption to Pre-Confirmation Sales in Chapter 11 Cases Fried, Frank, Harris, Shriver & Jacobson LLP; July 11, 2008, previously published on June 27, 2008 In the case of Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., the United States Supreme Court ruled that the exemption from the payment of stamp taxes or similar taxes on transfers of property of a Chapter 11 debtor's estate, contained in section 1146(a) of the Bankruptcy Code, does not... |
| 9 | Fiduciary Duties in the Zone of Insolvency and in Deepening Insolvency Scott R. Bauer, Elizabeth H. Getches; Moye White LLP; July 11, 2008 Creditors and their counsel have increasingly attempted to push the envelope with respect to claims against directors of insolvent corporations and managers of insolvent limited liability companies. |
| 10 | American Home Mortgage Investment Corp. v. Lehman Bros. Inc.: Bankruptcy Court Broadens Repurchase Agreement Safe Harbors to Include Subordinated Notes Secured By Mortgage Loans and Limits the Application of Article 9 of the UCC Lana J. Deharveng, Jeffrey J. Murphy; Thacher Proffitt & Wood LLP; July 11, 2008, previously published on June 23, 2008 On May 23 2008, in American Home Mortgage Investment Corp. v. Lehman Brothers, Inc., the United States Bankruptcy Court for the District of Delaware held that a transaction involving the purchase and sale of subordinated notes secured by mortgage loans was a "repurchase agreement" and a... |
