Bankrupt diabetes testing supply company Liberty Medical Supply Inc. on Friday agreed to settle a $160 million claim lodged by the Centers for Medicare and Medicaid Services for alleged overpayments, reaching a deal that will pay the agency nearly $32 million.
Momentive Performance Materials Inc. said Friday that it had effectuated the contested restructuring that wipes $3 billion in debt from its balance sheet, raising the odds that noteholder groups’ appeals from the Chapter 11 plan will be deemed moot.
GT Advanced Technologies may never offer unhappy stakeholders the answers they want about the mysterious quarrel with Apple Inc. that drove the company into Chapter 11, but they will be hard-pressed to challenge the settlement the onetime partners have reached, attorneys say.
General Motors Co. did not interfere with the bankruptcy sale of Saab Automobile AB by issuing public statements signaling its disapproval of the deal between Dutch car maker Spyker NV and Chinese investors, the Sixth Circuit ruled Friday, upholding the dismissal of a $3 billion suit.
The Eleventh Circuit on Friday revived claims in which the Federal Deposit Insurance Corp., serving as the Chapter 7 trustee for the parent of failed Integrity Bank, sought $70 million from the bank’s ex-directors and officers for negligence, after the Georgia Supreme Court held the FDIC could assert such claims.
A Delaware bankruptcy judge on Thursday denied a second bid by Fifth Third Bank to convert the case of cellphone activator Simplexity LLC to Chapter 7, but he said he would grant the senior lender's request if the parties can't hammer out a Chapter 11 plan by December.
NII Holdings Inc. on Thursday asked a New York bankruptcy court to extend the automatic stay of litigation to cover its executives, who are facing an investor class action over allegedly false statements about the Nextel-brand wireless service provider’s performance, saying the litigation could harm restructuring efforts.
The unsecured creditors committee in battery maker Exide Technologies Inc.’s bankruptcy blasted late Thursday the debtor’s move to push back the maturity date on its $560 million debtor-in-possession financing package, arguing it forces the case into a position that only benefits a select few secured noteholders.
A New York federal judge on Friday threw out a class action targeting the owners of bankrupt Kangadis Food Inc. personally for the company’s alleged misleading claims about the purity of its olive oil, citing a lack of evidence linking the Kangadis family to the alleged fraud.
Philip Falcone’s Harbinger Capital Partners LLC said Thursday that the judge presiding over LightSquared Inc.’s never-ending bankruptcy should not rule on the debtor’s bid to halt litigation against the federal government and the global positioning industry over Harbinger’s failed $1.9 billion investment in the wireless venture.
A New York federal judge has set a court date for Argentina's fight to make payments on $8.4 billion in Argentine law-governed bonds — payments whose blockage custodian Citigroup Inc. says could expose it to criminal sanctions in the South American nation.
A Delaware bankruptcy judge on Thursday agreed to dismiss former aluminum smelter Ormet Corp.'s Chapter 11 case after approving a credit bid deal to sell its residual assets to private equity lender Wayzata Investment Partners LLC.
Apple Inc. said Thursday that a now-finalized settlement with bankrupt GT Advanced Technologies Inc. could pave the way for the two to resume doing business once GT exits the sapphire production business responsible for its abrupt collapse.
A bank and an insurer urged the judge handling San Bernardino, California’s two-year-old bankruptcy case on Wednesday to fix a March 1 deadline for the city to submit a Chapter 9 exit plan, saying that a firm timeline will pressure recalcitrant unions into accepting benefit cuts.
A Delaware bankruptcy judge on Thursday dismissed a complaint brought by the Chapter 7 trustee for bankrupt oil services contractor Conex International LLC seeking to recover $2.6 million from its parent CopperCom Inc. over its allegedly improper use of Conex's net operating losses for its own tax benefit.
The Bank of England laid out a plan to handle future bank failures Thursday, saying it would act unilaterally over a “resolution weekend” to replace management and initiate stabilization transactions — a regime aimed at shielding taxpayers and the broader financial system from bearing the costs of the collapse.
A Delaware bankruptcy judge on Thursday gave Natrol Inc. the green light to hold a November auction, blessing a process that allows potential suitors to submit offers either to acquire the nutritional supplement maker's assets or refinance its debt.
The widow of Charles Wyly Jr. filed for bankruptcy protection Thursday, in the wake of a judgment worth hundreds of millions of dollars against the estate of the late Texas tycoon and his brother, Sam Wyly, for allegedly using secretive offshore trusts to trade stocks while evading taxes.
The U.S. Securities and Exchange Commission on Thursday secured a freeze on Texas tycoon Sam Wyly’s assets a day after he filed for bankruptcy in Texas in the face of a looming offshore-trading penalty the SEC has pegged at $198 million.
A Delaware bankruptcy judge gave Trump Entertainment Resorts Inc. final approval Thursday to fund its case with cash collateral that secures credit from companies controlled by Carl Icahn after the casino operator resolved issues from unsecured creditors who worried it might dash any hope of a recovery.
Recent circuit court case law allowing “Chapter 20” debtors to strip off valueless junior liens on their homes may result in mortgage lenders having their junior-lien rights eviscerated, rendering them general unsecured creditors with no recourse to the collateral securing their indebtedness, say Paul Avron and Ilyse Homer of Berger Singerman LLP.
Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.
A New York state court decision in Cortlandt St. Recovery Corp. v Hellas Telecommunications will complicate the ability of noteholders to pursue a fraudulent conveyance action — one of several reasons the decision is concerning, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.
Both the majority and dissent in a First Circuit ruling in Pinpoint IT Services LLC v. Rivera could be accused of drawing an arbitrary line in the sand — their positions bring uncertainty to bankruptcy appeals of stay relief denials even prior to any consideration of the merits of such appeals, say Douglas Gooding and Meg McKenzie Feist of Choate Hall & Stewart LLP.
Identifying Cayman Islands-held assets of a defendant or proposed defendant is something of a mixed bag — straightforward in some respects, but difficult, bordering on the impossible, in other respects, say Christopher Russell and Jane Hale-Smith of Appleby Global Group Services Ltd.
A traditional directors and officers insurance policy risks dilution where the company also faces a covered claim. And when the company has filed for bankruptcy, payment of the proceeds for claims against the directors and officers may be delayed, and even impaired, says Mary McCutcheon of Farella Braun & Martel LLP.
The Second Circuit in the case of Fairfield Sentry Ltd. missed the point that applying Section 363 to the sale of a Securities Investor Protection Act claim — in the context of a Chapter 15 ancillary proceeding — to the same extent that it would apply to property of an estate does not eliminate the principles of comity that infuse Chapter 15, say Daniel Glosband and Kizzy Jarashow of Goodwin Procter LLP.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
All is not lost when a general contractor files bankruptcy — subcontractors may be able to perfect their construction liens post-petition, as in the case of Branch Banking & Trust Co. v. Construction Supervision Services Inc., says Vicki Harding of Pepper Hamilton LLP.