News & Analysis as of

Trusts Commercial Bankruptcy

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Mintz - Bankruptcy & Restructuring Viewpoints

Understanding Post-Bankruptcy Liquidation Trusts

A main goal in bankruptcy is to get in and out as quickly as possible to minimize costs.  It is often the case that even though a substantial portion of a debtor’s assets have been liquidated in bankruptcy, some valuable...more

Proskauer - Employee Benefits & Executive...

District Court Holds Plan Cannot File Suit in Contravention of Trust Agreement

In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees...more

Pillsbury Winthrop Shaw Pittman LLP

Use It or Lose It! Indemnification Rights May Not Be Asserted against a Post-Confirmation Liquidation Trust

The Fifth Circuit recently held that claims and defenses arising from an indemnification agreement with a debtor could not be asserted against a liquidation trust because the chapter 11 plan barred those claims and defenses,...more

(ACOEL) | American College of Environmental...

Environmental Response Trusts: Surrogate for Federal and State Regulators?

A common result of corporate bankruptcies is the creation of environmental response trusts or “ERTs”. ERTs are created to address environmental issues for which the bankrupt company has responsibility. ERTs typically are...more

Wiley Rein LLP

Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust

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The New York Supreme Court, Appellate Division, applying New York law, has held that an Insured v. Insured exclusion (IvI Exclusion) in a D&O policy did not bar coverage for an action brought by a creditor trust against...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more

Farrell Fritz, P.C.

First Department Affirms Ruling on Scope of “Insured vs. Insured” Exclusion to D&O Policy, Gives Cause to Consider a Creditor...

Farrell Fritz, P.C. on

Disputes over the scope of insurance coverage are common fixtures in the Commercial Division Courts.  Earlier this month, the First Department partially affirmed Justice Sherwood’s decision in Westchester Fire Ins. Co. v....more

K&L Gates LLP

Iowa Legislature Introduces Asbestos Litigation Reforms

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Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system. While these entities now have the...more

Winstead PC

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

Winstead PC on

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar...more

Sheppard Mullin Richter & Hampton LLP

Justice Friedman Allows Breach of Fiduciary Duty Claim to Proceed Against Corporate Directors Under Delaware Law

In AP Services, LLP v. Lobell et. al, No. 651613/2012, 2015 NY Slip Op 31115(U) (N.Y. Sup. Ct. June 19, 2015) (argued Feb. 21, 2014), Justice Friedman, applying Delaware Law, denied a motion to dismiss plaintiff AP Services,...more

Polsinelli

New Discovery Order Requiring Greater Transparency Regarding Bankruptcy Trust Claims in Southern California Asbestos Litigation

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On May 27, 2015, the Honorable Emilie H. Elias, the coordination judge who presides over all asbestos litigation in the counties of Los Angeles, Orange, and San Diego (LAOSD), issued a discovery order entitled “Case...more

Dechert LLP

Payments to Investors in a Securitization Structure Protected from Avoidance

Dechert LLP on

In what appears to be a matter of first impression, the U.S. Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in a two tiered securitization structure commonly employed in...more

Polsinelli

Catching Judge Sontchi’s “Flurry of Opinions” Part 1 of 3

Polsinelli on

In This Issue: - In re: Energy Future Holdings Corp., et al, 14 -10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:...more

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