Bankruptcy

  • February 27, 2015

    $118M Rennert Verdict Serves As Costly Cautionary Tale

    The jury verdict Friday that found Ira Rennert and his firm liable for $118 million from Magnesium Corp. of America’s 2001 bankruptcy stands as a stark warning for insiders to tread carefully when extracting money from a company, lest they land on a particularly pricey hook if it ends up insolvent, experts said.

  • February 27, 2015

    SEC’s $300M Wyly Judgment Is Only Half The Battle

    The first stage of the U.S. Securities and Exchange Commission’s hard-fought battle against a pair of Texas tycoons came to a close Thursday when a New York federal judge imposed a nearly $300 million judgment against Sam Wyly and the estate of his late brother Charles Wyly, but a new front now opens as the agency looks to collect on the tab amid likely appeals and a bankruptcy proceeding.

  • February 27, 2015

    Banco Popular Snaps Up Doral In FDIC Failed-Bank Deal

    The Federal Deposit Insurance Corp. stepped in on Friday and took over Doral Financial Corp., handing over the operations of Puerto Rico’s only community bank to Banco Popular in a deal that will cost the U.S. regulator about $749 million.

  • February 27, 2015

    Skadden Blasts 'Vexatious' Radnor Founder's Fraud Claims

    Skadden Arps Slate Meagher & Flom LLP and hedge fund Tennenbaum Capital Partners LLC on Thursday pushed back against fraud accusations by the founder of defunct packaging company Radnor Holdings Corp., with the law firm calling him a “serial and vexatious litigant” whose actions are sanctionable.

  • February 27, 2015

    EFH Junior Noteholders Want $750M Repaid If Fund Feud Ends

    Junior bondholders of Energy Future Holdings Corp. told a Delaware bankruptcy judge on Thursday they were on board with the energy giant's proposal to repay $750 million of their notes but said it should be approved only after a fight with senior creditors is defused.

  • February 27, 2015

    Mid-Continent Must Cover Advertising Damages In IP Row

    Insurer Mid-Continent Casualty Co. must pay “advertising injury” damages in an intellectual property suit brought by an architectural firm against a bankrupt homebuilder that allegedly used its designs without permission, the Fifth Circuit said on Thursday.

  • February 27, 2015

    Debevoise Lawyer Tapped For NY Bankruptcy Judgeship

    The New York bankruptcy court's latest judge hire, a Debevoise & Plimpton LLP attorney whose name was revealed on Friday, will take the seat vacated by a judge who, like him, worked on the American Airlines Inc. bankruptcy last spring — and he'll be the court's second new judge this month.

  • February 27, 2015

    Stan Lee Media Urges High Court To Revive Spider-Man Suit

    Stan Lee Media Inc. urged the U.S. Supreme Court in a filing made public Friday to revive its suit seeking profits and ownership rights to Spider-Man and other characters created by its ex-president Stan Lee, arguing that the Ninth Circuit’s dismissal deviated from Twombly.

  • February 27, 2015

    RadioShack Gets Approval For $2.4M Lease Sale

    RadioShack Corp. got the blessing of a Delaware bankruptcy judge on Friday for a $2.4 million sale that sees the electronics icon hand over leases for a collection of its shuttered stores to cellphone retailer Spring Communications Holding Inc.

  • February 27, 2015

    SIFMA Tells 5th Circ. Repose Law Kills FDIC's $2B RMBS Suit

    The Securities Industry and Financial Markets Association on Wednesday asked the Fifth Circuit to find that the extender statute for certain Federal Deposit Insurance Corp. claims doesn’t preempt state statutes of repose, in a $2.1 billion residential mortgage-backed securities case targeting Goldman Sachs & Co. and several other banks.

  • February 27, 2015

    Rennert Hit With $118M Verdict Over MagCorp Bankruptcy

    A New York federal jury found Ira Rennert liable on Friday for contributing to Magnesium Corp. of America’s 2001 bankruptcy, ordering the billionaire industrialist and his firm to pay $118 million in damages for taking shareholder dividends that allegedly left MagCorp too weak to survive.

  • February 27, 2015

    Bad Buys Drive Houston Health System Into Bankruptcy

    University General Health System Inc., a health care system beset by creditor collection efforts at its flagship Houston hospital, filed for bankruptcy protection on Friday after a series of failed acquisitions, burdensome managed care deals and allegedly inflated revenue estimates.

  • February 26, 2015

    Phoenix Gets Rival's Claim Capped At $1M In Software Row

    A Delaware bankruptcy judge on Thursday refused to toss a suit seeking $10 million from Phoenix Payment Systems Inc. in a dispute over software rights, but effectively capped the rival card transaction company's claim against the debtor at $1 million.

  • February 26, 2015

    Wyly Brothers Ordered To Pay $299M To SEC In Fraud Case

    A New York federal judge on Thursday ordered former Michael’s Stores Inc. Chairman Sam Wyly and the estate of his late brother Charles Wyly Jr. to pay about $299.3 million to federal regulators for engaging in securities fraud, after the parties spent months battling over the amounts.

  • February 26, 2015

    Nortel's US Arm Blasts Late Claim From Canadian Workers

    The U.S. arm of bankrupt Nortel Networks Corp. revived its opposition Wednesday to late severance claims from ex-employees of its Canadian parent, arguing it has evidence the workers were aware of the deadline but believed they had no claims against American units.

  • February 26, 2015

    Doral Bank's $229M Tax Award Overturned On Appeal

    A Puerto Rican appeals court on Wednesday overturned a lower court decision that awarded Doral Financial Corp. a $229 million tax refund, handing a blow to the beleaguered bank.

  • February 26, 2015

    Revel Power Plant Urges Ch. 7 Instead Of $82M Sale

    Owners of the troubled utility plant built to power the Revel Casino Hotel urged a judge on Wednesday to order the defunct resort into liquidation, claiming it cannot be trusted to treat creditors fairly after electing to “throw in the towel” and sell itself for a lowballed $82 million.

  • February 26, 2015

    Texas Lawyer Sued For Ethics Violations In Bankruptcy Suit

    The Texas State Bar Commission for Lawyer Discipline has accused a former partner with Houston-based law firm now known as Orlando & Orlando LLP of ethics violations for signing his client’s signature to documents without his knowledge, the second legal action taken against attorney Calvin C. Braun stemming from a 2010 Chapter 11 suit.

  • February 26, 2015

    3rd Circ. Keeps Carlyle Investor Battle In Delaware Court

    An investment fund controlled by a Dutch investor must pursue its breach of contract claims against Carlyle Investment Management LLC in Delaware state court even though the fund never signed the contract requiring the dispute to take place there, the Third Circuit ruled Wednesday.

  • February 26, 2015

    LightSquared Stockholder Floats Rival Ch. 11 Plan

    LightSquared Inc. creditor and preferred stockholder Solus Alternative Asset Management LP floated a rival Chapter 11 plan Thursday along with $742 million in debtor-in-possession financing to compete with the debtor’s reorganization strategy supported by its controlling stakeholder, Phillip Falcone’s Harbinger Capital Partners LLC.

Expert Analysis

  • A Means To Stave Off Medicare Termination

    Helen H. Suh

    In light of a Florida bankruptcy court decision in the case of Bayou Shores SNF LLC, health care entities may attempt to duplicate a strategy that would buy them time to turn around troubled facilities if faced with the crushing financial impact of Medicare and Medicaid termination, say attorneys with McGuireWoods LLP.

  • Oil Cos. Are Exploring Alternative Investment Financing

    Omar Samji

    Oil companies in need of funding for capital expenditures will increasingly find alternative financing structures attractive as traditional sources of credit tighten. Royalty-based investments may become even more popular than in the past due to their flexible structure, ability to target specific assets and potential bankruptcy advantages to investors, say attorneys at Jones Day.

  • Bankruptcy-Remote Does Not Mean Bankruptcy-Proof

    Sarah K. Kam

    A lender’s expectations about the efficacy of protections designed into a loan structure may be unreasonable. Or, a borrower may simply ignore loan covenants or corporate requirements. In either case, the result could be a bankruptcy filing by an entity that was thought to be bankruptcy-remote, says Sarah Kam of Reed Smith LLP.

  • Pensions Are Now On The Restructuring Table, For Real

    Karol K. Denniston

    Thanks to Judge Chris Klein’s recently issued confirmation opinion in Stockton’s bankruptcy case, no longer will cities be able to avoid dealing with pensions in California out of a fear of facing off with CalPERS and its massive bank account, says Karol Denniston of Squire Patton Boggs LLP.

  • The Lack Of A Clearly Appropriate Cramdown Methodology

    Ashley Dillman Bruce

    All too often, the appropriate methodology for a cramdown interest rate in Chapter 11 is a battle between the debtor and secured creditors, with the formula approach, also termed the “prime plus” approach, being one of the most dangerous for creditors, say Berger Singerman LLP attorneys Lewis Killian Jr., a former bankruptcy judge, and Ashley Dillman Bruce.

  • A Continued Focus On Strategies For Resolving SIFIs

    Cyrus Amir-Mokri

    The Bankruptcy Code's focus on protection of creditor rights can impede the ability of a troubled systemically important financial institution to effectuate a resolution with the speed necessary to preserve value, protect private interests and minimize systemic risk. While a proposed legislation may modify the code to enhance the process, it does not address some important issues, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • FERC's New Merger Review Proposal And Its Impact

    Mark C. Williams

    A proposed policy would significantly expand the scope of the ratepayer protection commitments that must be offered by electric utilities seeking Federal Energy Regulatory Commission approval for mergers and, as a result, may materially alter the financial calculus for companies considering those transactions. The proposed policy may also make recovery from bankruptcy even more challenging and uncertain, say attorneys with Morgan L... (continued)

  • Rejoice In New York’s Revised UCC, But Beware Traps

    G. Ray Warner

    While recent amendments bring most of New York’s Uniform Commercial Code up to date, the state chose not to modernize its entire UCC, as a result of which certain of its provisions do not reflect modern practices, and its version of Article 9 is still out of sync with that of other states, says G. Ray Warner, of counsel at Greenberg Traurig LLP and associate dean for bankruptcy studies at St. John’s University School of Law.

  • Foreign Sovereign Debt Restructuring After Argentina

    Marco E. Schnabl

    The fallout from the Argentine bond litigation is far from clear. In the meantime, markets, sovereigns and international institutions have addressed the specific contract drafting issues of the pari passu clause such that, going forward, sovereigns may avoid the "ratable payment" interpretation that landed Argentina in its current predicament, say Marco Schnabl and Jordan Wall of Skadden Arps Slate Meagher & Flom LLP.

  • RadioShack Bankruptcy To Have Unique Effects On Landlords

    Michael R. Carney

    The rights that the Bankruptcy Code grants to debtor-lessees such as RadioShack Corp. are, in some respects, much greater than the rights RadioShack would have under state law under its leases, posing unique challenges for landlords not necessarily faced by other creditors, say Peter Goodman and Michael Carney of McKool Smith PC.