The Third Circuit’s decision in In re Trump Entertainment presents interesting opportunities for employers with expired collective bargaining agreements (“CBAs”) seeking to reorganize their companies under Chapter 11 of the Bankruptcy Code.
The Commonwealth of Puerto Rico defaulted on most of its $422 million May 1, 2016 debt service payment on Monday owed by the Government Development Bank which acts as Puerto Rico’s fiscal agent.
Only a month ago we were singing the praises of the CVA and calling them the saviour of the high street following the creditors’ approval of the BHS CVA.
Because no recent opinions have been published by the Delaware Bankruptcy Court, I wanted to touch on a subject that is vital in nearly every preference or fraudulent transfer case: The Statute of Limitations For A Preference Claim.
In bankruptcy cases, things often move more slowly than people would like or expect.
Virtually all courts, from local city courts to the Supreme Court of the United States, charge filing fees for filing a case, filing appeals, and sometimes filing motions and other documents.
Third District Court of Appeal Withdraws Decision Applying the Statute of Limitations to Mortgage Foreclosures
Florida’s Third District Court of Appeal (DCA), sitting en banc, recently withdrew an unpopular decision applying the statute of limitations defense to mortgage foreclosures.
A bankruptcy court wrote that filing for bankruptcy is “powerful magic.”
Follow the Rules: 11th Circuit Holds That District Court Must Follow Federal Rules of Bankruptcy Procedure On Rule 50(b) Motion
On April 8, 2016, the Eleventh Circuit Court of Appeals held that a district court trying a bankruptcy case arising under title 11 of the United States Code is obliged to follow the Federal Rules of Bankruptcy Procedure, instead of the Federal Rules of Civil Procedure, in computing the deadline for filing post-trial motions.
The latest iteration of the Sun Capital litigation has confirmed once again what many restructuring professionals have known for a long time – that pension liabilities have a nasty habit of kicking investors where it hurts, often when least expected.