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Chapter 11
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New Jersey Law Blog
The Shoe Dropped…Payless Files for Chapter 11 Bankruptcy
Kansas-based Payless, Inc. filed for Chapter 11 bankruptcy protection in the Eastern District of Missouri (St. Louis) on Tuesday afternoon, under docket # 17-42257. If you read my blog post…
Bankruptcy & Restructuring Law
Section 1129(a)(9)(A) Trumps DIP Orders
Traditional DIP Order Carve Outs Do Not Cap the Administrative Claims of Committee Professionals On January 5, 2017, Judge Sontchi of the Bankruptcy Court for the District of Delaware issued…
Restructuring Globalview
Equitable vs. Constitutional Mootness: The Eleventh Circuit Provides a Primer
We have written in the past about the doctrine of equitable mootness. A March 30, 2017 per curiam affirmance by the Eleventh Circuit Court of Appeals in Beem v. Ferguson…
Restructuring Globalview
A Big Haircut for Indenture Trustee Counsel Fees
In Nortel Network’s (“Nortel”) chapter 11 case, In re: Nortel Networks Inc., et al., United States Bankruptcy Court for the District of Delaware, Case No. 09-10138(KG), Bankruptcy Judge Kevin Gross…
In Solvency
Carve-out Provision in DIP Financing Order Did Not Limit Fees to Committee Counsel
In the recent decision of In re Molycorp, Inc., 562 B.R. 67 (Bankr. D. Del. 2017), Judge Sontchi held that a carve-out provision in a DIP financing order did not act as…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Aerospace Holdings, Inc.
By Cole Schotz
Aerospace Holdings, d/b/a GroupAero, along with four of its affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case…
Nonprofit Law Prof Blog
Bruckner on Higher Education & Bankruptcy
Bankruptcy scholar Matthew A. Bruckner, Assistant Professor of Law, Howard University School of Law, has a couple of very interesting new papers exploring the peculiar intersection of bankruptcy law and higher…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Bostwick Laboratories, Inc., et al.
By Cole Schotz
Bostwick Laboratories, Inc. and its parent holding company have filed petitions for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-10570-BLS). Bostwick, which…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Sungevity, Inc. Case No. 17-10561 (LSS)
By Cole Schotz
Sungevity, Inc., one of the largest private residential solar installation companies in the U.S. with operations in Belgium, the Netherlands, Germany, and the United Kingdom, and three of its affiliates, have filed…
New Jersey Law Blog
Gander Mountain Files for Chapter 11 Bankruptcy – Fifth Outdoor Retailer to File in Last Year
Last month I posted a blog indicating that Gander Mountain was possibly preparing for Chapter 11 bankruptcy. The rumors were true. St. Paul-based hunting and fishing chain, Gander Mountain Company,…