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Results: 1-10 of 128

Dodd-Frank’s intersection with the Bankruptcy Code could have significant impact for unsecured creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 21 2014

On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. V. Jacob


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


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


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


Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 29 2013

In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held


Judge rules in favor of Stockton and accepts Chapter 9 petition
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 9 2013

Round one of the fight between the City of Stockton, California and its creditors is finally over. On April 1, 2013, Bankruptcy Judge Christopher M


Justice Friedman allows breach of fiduciary duty claim to proceed against corporate directors under Delaware Law
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 16 2015

In AP Services, LLP v. Lobell et. Al, No. 6516132012, 2015 NY Slip Op 31115(U) (N.Y. Sup. Ct. June 19, 2015) (argued Feb. 21, 2014), Justice


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


Equityholder's strategy for shifting tax burdens to creditors upheld by Third Circuit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 12 2013

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that


Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 22 2016

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court