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Results: 1-10 of 117

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


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 Supreme Court holds receiver is required to defend lawsuits after a corporation is wound-up; finds no generally applicable statute of limitation for claims against a dissolved corporation
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 11 2013

In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the


When goods are shipped from overseas, when are they considered “received by the debtor” for purposes of asserting a section 503(b)(9) administrative claim?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 5 2014

A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled


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


Cherry picking contract provisions in bankruptcy: not so taboo after all?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a


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


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


Attacking LBO payouts as state law fraudulent transfers
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 11 2014

The United States Bankruptcy Court for the Southern District of New York (the "Court") in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL


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