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Bankruptcy

  • June 13, 2018

    Lehman Settles $1.2B Credit Suisse Trade Closeout Fight

    Lehman Brothers Holdings Inc. said Tuesday it had reached a settlement with Credit Suisse AG to end a long-running bankruptcy court scuffle over closeout calculations for derivatives trades following the firm’s 2008 collapse, freeing Lehman from a $1.2 billion claim and its last big bank action of that kind.

  • June 13, 2018

    New GM Questions Scope Of Ch. 11 Defect Deal

    General Motors LLC is questioning whether a proposed bankruptcy court settlement over legacy ignition switch lawsuits could possibly cover a proposed class of 11.4 million people and cost the carmaker $1 billion in new stock even though only a few hundred individuals have filed Chapter 11 claims.

  • June 13, 2018

    2nd Circ. Hands ING Bank A Win In Marine-Fuel Lien Dispute

    A Manhattan federal judge erred in quashing ING Bank's lien on a ship's fuel bill and also in entering an "ill-advised" grant of summary judgment in favor of the vessel, the Second Circuit held Wednesday, issuing a reversal in a money fight flowing from the bankruptcy of shipping fuel provider O.W. Bunker.

  • June 13, 2018

    Avenatti's Ex-Partner Seeks Assets To Satisfy $10M Judgment

    A former partner at Eagan Avenatti LLP has asked a California bankruptcy court to turn over the defunct class action firm’s assets to him to satisfy a $10 million judgment — a request that includes payments tied to Michael Avenatti’s representation of Stormy Daniels in her lawsuit against President Donald Trump.

  • June 13, 2018

    Madoff Trustee Recovers $280M In Ezra Merkin Settlement

    The trustee for Bernie Madoff's defunct investment firm Wednesday asked a New York bankruptcy court to approve a $280 million settlement of his claims that disgraced financier J. Ezra Merkin received fraudulent transfers from Madoff’s fund.

  • June 12, 2018

    Concertgoers Object To 50 Cent's Sanction Bid In Bankruptcy

    Two Massachusetts women on Monday fought 50 Cent’s attempt to have a Connecticut bankruptcy judge sanction them for continuing to pursue a personal injury case over one of the hip-hop artist’s concerts, arguing their suit is exempt from restrictions in the rapper’s reorganization plan.

  • June 12, 2018

    MACH Gen Gets Del. Court Nod For $10M DIP Draw

    Bankrupt commercial power producer New MACH Gen LLC secured access to the first half of a proposed $20 million bankruptcy financing loan Tuesday, under a Delaware Chapter 11 reorganization plan that would take two of the company’s three current plants to a confirmation hearing on July 23.

  • June 12, 2018

    Puerto Rico Investors Cry Foul Over Sales Tax Revenue Deal

    Investors holding general obligation debt issued by Puerto Rico's government are pushing for tweaks to a pending settlement proposed to resolve a bitter fight between creditors over billions worth of sales tax collections, saying the currently proposed split is unacceptable.

  • June 12, 2018

    The Walking Company's Ch. 11 Plan Gets Court Approval

    The Chapter 11 plan of reorganization of comfort shoemaker and retailer The Walking Company received court approval in Delaware Tuesday, wrapping up its bankruptcy case a little more than three months after it was filed.

  • June 12, 2018

    Delta Pilots' Pension Fund Suit Trimmed To A Single Claim

    A Washington, D.C., federal judge on Monday lopped five claims off a suit accusing the Pension Benefit Guaranty Corp. of shortchanging thousands of retired Delta Airlines pilots by misallocating their insolvent retirement plan’s assets after the company’s 2005 bankruptcy, leaving the agency to face a single fiduciary-duty breach claim.

  • June 12, 2018

    Venezuela's Foley Hoag Attys Can Depart Crystallex Appeal

    The D.C. Circuit said Tuesday that Foley Hoag LLP could withdraw as counsel for Venezuela in its appeal of a district court's confirmation of bankrupt miner Crystallex International Corp.'s $1.2 billion arbitral award, instructing the beleaguered country to secure new representation by July 16.

  • June 12, 2018

    Authentic Brands Makes $340M Bid For Nine West Assets

    Bankrupt fashion accessory maker Nine West Holdings Inc. announced Monday that a "highly competitive" bidding process had resulted in a larger-than-expected bid of over $340 million for its Nine West and Bandolino brands from stalking horse bidder Authentic Brands Group.

  • June 12, 2018

    Deals Rumor Mill: Abraaj, Sportradar, Xiaomi

    Abraaj is accused of owing a private debt specialist roughly $300 million, KKR and Blackstone landed a spot in a second bidding round for a minority stake in Sportradar AG, and smartphone maker Xiaomi aims to raise $5 billion from mainland Chinese investors.

  • June 12, 2018

    Fyre Festival Investor Can Pursue $3M Claim Amid Ch. 7

    A New York bankruptcy judge has agreed to let an investor for the doomed Fyre Festival pursue a $3 million claim against the company and its organizers while the beleaguered concert operation goes through liquidation.

  • June 12, 2018

    Tilton Balks At $500K White & Case Role In Zohar Ch. 11

    Financier Lynn Tilton and her investment firm Patriarch Partners LLC objected Monday to the appointment of White & Case LLP under a $500,000 retainer as counsel to an independent director assigned to the Delaware Chapter 11 cases of her Zohar funds.

  • June 11, 2018

    BMW Can't Immediately Appeal In $33M Fisker Clawback Case

    A Delaware federal judge refused Monday to let BMW immediately appeal a bankruptcy court order keeping alive a $32.6 million clawback suit by the trustee for the estate of electric-car company Fisker, saying there's nothing present to justify such an appeal.

  • June 11, 2018

    Marsh Supermarkets Gets Del. Ch. 11 Liquidation Approval

    Conceding that his decision was a close call, a Delaware bankruptcy judge on Monday confirmed a liquidating Chapter 11 plan for remnants of the Marsh Supermarkets chain, overruling a U.S. trustee objection to provisions for blanket, nonconsensual liability releases.

  • June 11, 2018

    FirstEnergy Excludes Unions From Bonuses, Workers Say

    A collection of unions representing employees at FirstEnergy Corp.'s bankrupt nuclear generation unit filed court papers Friday complaining that the company is seeking to pay nearly all but its unionized workers an aggregate of $100 million in bonuses for staying on the job as operations wind down.

  • June 11, 2018

    2nd Circ. Urged To Seek Texas Justices' View On Sabine Case

    Nordheim Eagle Ford Gathering LLC urged the Second Circuit on Monday to reconsider its ruling that Sabine Oil & Gas Corp. could reject gas-gathering contracts after filing for bankruptcy, arguing the Texas Supreme Court must first decide whether such contracts are linked with drilling lands under state law.

  • June 11, 2018

    Mass. Power Plant Owner Back In Ch. 11 With $700M Of Debt

    A Massachusetts natural-gas power plant owner sought bankruptcy protection Monday in Delaware, listing more than $700 million in secured debt as it pursues confirmation of a prepackaged Chapter 11 plan on a five-week timeline, just four years after a previous in-court reorganization.

Expert Analysis

  • The State Of Creditor Recovery Efforts In Venezuela: Part 2

    Richard Cooper

    The next several weeks may shed a great deal of light on how vulnerable Venezuela and its state-owned oil company PDVSA are to creditor collection efforts. Bondholders should also closely monitor developments in the U.S. bribery suit brought by the PDVSA U.S. Litigation Trust, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP. 

  • The State Of Creditor Recovery Efforts In Venezuela: Part 1

    Richard Cooper

    There is a large pool of creditor claims against Venezuela and its state-owned oil company PDVSA that are not yet in litigation. Until recently, creditors had little incentive to litigate, but that may be changing for two reasons, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP. 

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • Structured Finance Is Safe Despite Merit Ruling

    J.R. Smith

    While the U.S. Supreme Court’s decision in Merit Management v. FTI Consulting seemingly narrowed the reach of the Section 546(e) safe harbor, it did little to change the landscape for the multibillion-dollar U.S. structured finance industry, including warehouse lending structures, say J.R. Smith and Shannon Daily of Hunton Andrews Kurth LLP.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • 9th Circ. Rejects Textualist Approach To Bankruptcy Code

    Steve Werth

    The Ninth Circuit's recent decision in Lee v. Field indicates that the court will adopt a commonsense interpretation of the Bankruptcy Code, closer in line to the practical rulings made by bankruptcy courts than those of the U.S. Supreme Court, says Steve Werth of SulmeyerKupetz.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.