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HTMLBankruptcy Court Makes Chapter 7 Debtor Turnover Policies Used to Pay for Father’s Burial 
Van Den Heuvel Law Office;
Legal Alert/Article
September 30, 2014
When planning for your estate, Chapter 7 Bankruptcy, and judgment lien creditors are often overlooked. While you may not have any of these concerns, you cannot guarantee that your heirs will not. The way you structure your estate is key to whether your family will be able to take care of your...


HTMLEdgeworth: Commercial Reasonableness in Receivership Proceedings
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...


HTMLGerman Federal Court of Justice Clarifies "Opt-in" Rules Under the German Bonds Act
Olaf Benning, Volker Kammel, Ulf Kreppel, Claudia Leyendecker, Karsten Müller-Eising; Jones Day;
Legal Alert/Article
September 24, 2014, previously published on September 2014
On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision clarifying that holders of bonds issued prior to August 5, 2009, under the old German Bonds Act of 1899 may opt in to, and take advantage of the benefits of, the provisions of the new German...


HTMLAssociated Wholesalers, Inc. Lands in Bankruptcy Court
Morris James LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
Robesonia, Pennsylvania-based Associated Wholesalers, Inc. (“AWI”) and ten associated debtors (collectively, the “Debtors”) filed Chapter 11 petition in the Bankruptcy Court for the District of Delaware. A copy of the AWI petition is linked here: Voluntary Petition...


HTMLBanners Broker Cross-Border Insolvency
Larry Ellis, David Ward; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
In the context of cross-border insolvencies, Canadian courts have consistently encouraged comity and co-operation with courts in other countries.


HTMLAnother Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
Eric R. Blythe, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 15, 2014
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following...


HTMLGenco Shipping: Valuation Lessons Learned From "Underwater” Equity
Michael S. Fox, Adam H. Friedman, Jordanna L. Nadritch; Olshan Frome Wolosky LLP;
Legal Alert/Article
September 23, 2014, previously published on September 11, 2014
Valuation is a balance of art and science. In the bankruptcy context, valuation determines which constituents are entitled to a recovery and which are not, making it a centerpiece of the restructuring process. In In re Genco Shipping & Trading, Ltd. the federal bankruptcy court in New York...


HTMLIdle Threats of Bankruptcy after Ice House America, LLC
J. Patrick Warfield; Stites & Harbison, PLLC;
Legal Alert/Article
September 19, 2014
In almost every out-of-court workout situation, when the negotiations get tough and the debtor does not like the terms proposed by the creditor, it is more than common for the debtor to state: “Well, we will just see you in bankruptcy court.” In some situations involving individuals...


Adobe PDFASARCO Decisions Offer Lessons for the Environmental Practitioner
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
September 17, 2014, previously published on September 3, 2014
In ASARCO v. Union Pacific Railroad Co. --- F.3d --- (10th Cir 2014) WL 2808249 and ASARCO v. Goodwin (2nd Cir. 2014) ---F.3d --- WL 2870117, two different Circuit Courts addressed the question of when the three-year statute of limitations on CERCLA contribution claims accrued when the plaintiff...


Adobe PDFGerman Insolvency Law - Overview of Insolvency Challenge Rights
Katharina Heßel, Malte Richter, Marco Wilhelm; Mayer Brown LLP;
White Paper
September 12, 2014, previously published on September 10, 2014
The most important principle of the German insolvency law is the equal treatment of the creditors of the insolvency debtor. To satisfy their claims, the creditors are entitled to the debtor’s insolvency estate. The insolvency estate consists of the entire assets of the debtor which belong to...


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