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Results: 1-10 of 120

Supreme Court holds that bankruptcy courts can adjudicate Stern claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 1 2015

In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties


Student loans: nondischargeability questioned in Seventh Circuit and beyond
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 25 2013

Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly


The Ninth Circuit holds that bankruptcy courts have authority to recharacterize debt as equity
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 14 2013

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity


Delaware Chancery Court holds that creditor plaintiffs in derivative suits may satisfy standing requirement by showing corporation’s insolvency at time of suit, regardless of later solvency
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 26 2015

In Quadrant Structured Products Co., Ltd. v. Vertin, C.A. No. 6990-VCL, 2015 WL 2062115 (Del. Ch. May 4, 2015), the Delaware Court of Chancery held


Second Circuit holds that SIPA does not permit an inflation or interest adjustment to “net equity” claims for customer property
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 27 2015

In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for


California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 27 2013

In Greb v. Diamond Int'l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the


Fifth Circuit expected to issue landmark ruling concerning recognition of foreign bankruptcy proceedings contrary to US public policy
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 20 2012

In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization proceeding (concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV


Tribal corporate bankruptcy petition raises issues of first impression for bankruptcy court
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 7 2013

On March 4, 2013, 'SA' NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy


First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

In Sun Capital Partners III, L.P. Et al. V. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24


Committee's attack upon lender's make-whole premium denied
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 27 2013

The United States Bankruptcy Court for the District of Delaware (the "Court") recently upheld a $23.7 million make-whole payment (the "Make-Whole