Business Organization, Bankruptcy

California Court Finds Securitization Entities Subject to California Income Tax

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie | Reed Smith on 5/13/2013

A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that...more

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines...

by Walter Greenhalgh | Duane Morris LLP on 5/3/2013

In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic...more

"Post-Petition Restructuring Support Agreement Survives Challenge in Delaware"

by Mark Chehi, Van Durrer | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Background - The debtors in Indianapolis Downs operated a combined horse racing track and casino in Indiana. They had substantial secured indebtedness: more than $98 million of first lien (first priority), $375 million...more

Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy...

by Rosanne Ciambrone, Rudolph J. Di Massa Jr, William Heuer, Ron Oliner | Duane Morris LLP on 4/29/2013

In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that...more

Deloitte: Turnarounds and Democracy Don't Mix [Video]

by Bloomberg Law on 4/26/2013

April 26 (Bloomberg Law) -- William Snyder, co-head of the corporate restructuring group at Deloitte, talks with Bloomberg Law's Lee Pacchia about a new survey his group conducted on executive management during corporate...more

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Business Organization › Bankruptcy

California Court Finds Securitization Entities Subject to California Income Tax

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines...

"Post-Petition Restructuring Support Agreement Survives Challenge in Delaware"

Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy...

Deloitte: Turnarounds and Democracy Don't Mix [Video]

Wilbur Ross Says Results-Based System Can Curb Ch. 11 Fees

Chapter 11 Filings Decrease In South Florida, Nationally

Always Be Prepared: Forecasting a Business Partner's Financial Problems and How to Prepare

Recent Court Decisions Hold That The Absolute Priority Rule Still Protects Creditors Of Individual Chapter 11 Debtors

Strategies for Avoiding the Headache of Preference Liability

Can't You Hear Me Knocking? The Dreaded Preference Demand

To Release Or Not to Release – If That Is the Question, What Is the Answer?

Lenders Beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

Bankruptcy Court Rejects Forum-Shopping Ploy

Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court

Order Restored: Court hands down key judgment on BVI hedge fund insolvencies

The Limited Liability Company and Bankruptcy Code

Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy

Seventh Circuit Reaffirms Absolute-Priority Rule in In re Castleton Plaza, LP

Supreme Court Holds California’s Survival Statute Inapplicable To Delaware Corporation

Rogers Towers: Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention

"New Value" Plans Require Competitive Bidding, Says 7th Circuit

Real Estate Finance Deals: Jersey Law Update

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

Deloitte: Turnarounds and Democracy Don't Mix [Video]

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