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July 03, 2013 |

Scott Rothstein Investors Object To Bankruptcy Plan

About 80 investors in disbarred attorney Scott Rothstein's Ponzi scheme have filed objections to his law firm's bankruptcy confirmation plan.
2 minute read
July 03, 2013 |

Final Fee Requests In Rothstein Case Totals $7.37 Million

The final fee requests in the bankruptcy case of defunct law firm Rothstein Rosenfeldt Adler were filed by Berger Singerman, Genovese Joblove & Battista, Akerman Senterfitt, Stettin, accountant Richard Pollack and others.
3 minute read
June 27, 2013 |

Ninth Circuit Resolves Circuit Split to Allow Re-characterization

In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes that the Ninth Circuit recently joined the reasoning of the Fifth Circuit in 'Lothian Oil' in holding that a bankruptcy court may re-characterize debt as equity
11 minute read
June 13, 2013 |

$50M Seized From Scott Rothstein Should Be In Trustee's Hands

Up to $50 million in bank accounts and property the federal government seized from Scott Rothstein should instead have gone to the bankruptcy trustee for his defunct law firm, the 11th Circuit ruled.
3 minute read
June 12, 2013 |

Definition of Property Limited Under Bankruptcy Code

On March 28, 2012, we wrote about a bankruptcy court decision voiding a nondebtor parent company's revocation of its own S corporation status, which had the effect of terminating its debtor subsidiary's "qualified Subchapter S subsidiary" (QSub) status, as an unlawful transfer of the debtor subsidiary's property in violation of Sections 362 and 549 of the Bankruptcy Code.
9 minute read
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June 04, 2013 |

TD Bank To Settle With Three More Plaintiffs in Scott Rothstein Scheme

TD Bank attorneys, appearing before Broward Circuit Judge Jeffrey Streitfeld on its role in the Scott Rothstein fraud litigation, announced they are nearing settlement agreements in three cases before the court.
3 minute read
May 31, 2013 |

Bankruptcy Judge Approves Amended Disclosure In Rothstein Firm's Reorganization

U.S. Bankruptcy Judge Raymond Ray approved an amended disclosure statement, which is necessary before creditors consider whether to approve the Rothstein Rosenfeldt Adler law firm's reorganization plan.
3 minute read
May 15, 2013 |

Is the Court of Chancery Reforming Merger Litigation?

There is an uproar going on about the practice of filing suit over every merger announced for a publicly traded company. At least 90 percent of merger announcements are followed in a day or two by the filing of complaints alleging the merger is unfair to one or both of the companies involved. Given that these suits are filed so quickly and in almost every deal, they cannot be well researched and may well be meritless.
5 minute read
May 15, 2013 |

Judge Says Rothstein's Defunct Firm Won't Be Liquidated

A federal bankruptcy judge handed a victory to the trustee in the bankruptcy case of Scott Rothstein's defunct law firm, agreeing to advance a revised reorganization plan.
4 minute read
April 25, 2013 |

'Gulf Fleet' a Lexicon for Sponsors, Affiliate Transfers and Failed LBOs

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball writes: Litigation over affiliate transactions arising in failed portfolio companies continues to provide guidance on core common issues such as breach of fiduciary duties, avoidance actions, equitable subordination and recharacterization. A recent bankruptcy case illustrates how at least one court will analyze allegations regarding affiliate transactions in the context of a motion to dismiss a recovery action based on a failed leverage buyout.
11 minute read

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