Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Mintz
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,' 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Caplin & Drysdale
The United States Court of Appeals for the Sixth Circuit recently examined and then clarified and set forth the test for evaluating the appealability of bankruptcy orders in an opinion released in the case Ritzen Group v. Jackson Masonry.
Moritt, Hock & Hamroff LLP
In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy...
Squire Patton Boggs LLP
The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation ...
Squire Patton Boggs LLP
Can a senior secured creditor, who credit bid for substantially all of a debtor's assets, contribute non-estate property to a litigation trust for the benefit of general unsecured creditors...
Kramer Levin Naftalis & Frankel LLP
It cannot really be debated that the Four Horsemen of the "retail apocalypse" have arrived and are comfortably hanging around the nation's shopping districts. Dozens of retailers filed for bankruptcy
Stroock & Stroock & Lavan LLP
A bankruptcy case is usually commenced by the debtor, but the Bankruptcy Code permits creditors to seek to place a debtor into bankruptcy involuntarily, where certain statutory conditions are met.
Cooley LLP
Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure.
Kramer Levin Naftalis & Frankel LLP
Bankruptcy and Restructuring partner Thomas Moers Mayer wrote an update on General Motors and Chrysler's bankruptcy filing in 2009
Cadwalader, Wickersham & Taft LLP
On November 8, 2018, the U.S. Bankruptcy Court for the Southern District of New York dismissed an involuntary petition filed against Taberna Preferred Funding IV, Ltd.
Cadwalader, Wickersham & Taft LLP
On November 8, 2018, Judge Vyskocil of the U.S. Bankruptcy Court for the Southern District of New York issued a decision dismissing the involuntary petition that had been filed against Taberna...
Troutman Sanders LLP
The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection.
Troutman Sanders LLP
The Northern District of Illinois recently held that a collection letter sent to a consumer's attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the "competent lawyer" standard.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
It may be hard to believe, but it's been 22 years since California became the first state to permit the legal use of medical marijuana.
Kramer Levin Naftalis & Frankel LLP
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
Kramer Levin Naftalis & Frankel LLP
The Brodskis sued, claiming that Arctic Glacier owed them the dividend.
Kramer Levin Naftalis & Frankel LLP
This decision is based upon a series of bankruptcy cases involving OnSite.
Duff and Phelps
In 2018, we have seen a number of high-profile retail restructurings and common to many is the use of a Company Voluntary Arrangement (CVA).
Squire Patton Boggs LLP
Last month, the Eleventh Circuit Court of Appeals clarified the circumstances under which a creditor can assert a "new value" defense ...
Morrison & Foerster LLP
UNCITRAL has adopted and published a second model law to promote universalism of restructuring and insolvency.
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Troutman Sanders LLP
Effective December 1, important changes are coming to the Federal Rules of Civil Procedure, including:
Cadwalader, Wickersham & Taft LLP
The FDIC adopted a final rule that will rescind regulations concerning the fiduciary powers of state savings associations and amend regulations regarding consent requirements for the exercise...
Morrison & Foerster LLP
UNCITRAL has adopted and published a second model law to promote universalism of restructuring and insolvency.
TMF Group
Many companies will create a special-purpose vehicle (SPV) for a financing transaction when they want to isolate assets from their own credit risk.
Holland & Knight
President Donald Trump, with bipartisan support, signed into law the Federal Maritime Commission Authorization Act of 2017 (the Act) on Dec. 4, 2018, as part of the Frank LoBiondo Coast Guard Authorization Act of 2018 (S. 140).
Shearman & Sterling LLP
On August 17, 2018, the U.S. Securities and Exchange Commission (SEC) adopted amendments to simplify and update disclosure requirements that have become duplicative, overlapping or outdated in light ...
Cadwalader, Wickersham & Taft LLP
On November 8, 2018, Judge Vyskocil of the U.S. Bankruptcy Court for the Southern District of New York issued a decision dismissing the involuntary petition that had been filed against Taberna...
Troutman Sanders LLP
The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection.
Cadwalader, Wickersham & Taft LLP
On November 8, 2018, the U.S. Bankruptcy Court for the Southern District of New York dismissed an involuntary petition filed against Taberna Preferred Funding IV, Ltd.
Berman Fink Van Horn P.C.
When calculating deadlines in federal court, most attorneys are familiar with the "mailbox rule" (Federal Rule of Civil Procedure 6(d)).
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