Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Orrick
As part of a continued effort in Europe to reform insolvency legislation, the British government issued a paper in March 2018 as a response to a draft directive published by the European Commission in November 2016.
Jones Day
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
Kirkland & Ellis International LLP
In this article, the authors discuss the successful going-concern sale of mall-based retailer Things Remembered,
Jones Day
In SummitBridge Nat'l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney's fees ...
Jones Day
Several bankruptcy and appellate courts have addressed this issue in recent years, with inconsistent results.
Thompson Coburn LLP
On June 3, 2019, the U.S. Supreme Court clarified the standard for holding a creditor in contempt for attempts to collect a debt from someone who previously received a bankruptcy discharge.
Arnold & Porter
One of the debtor real estate holding companies leased property to a company that used the property to grow marijuana.
Smith Gambrell & Russell LLP
On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue ...
Davis & Gilbert
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
Kramer Levin Naftalis & Frankel LLP
In response to the increasing prevalence of general partner (GP)-led secondary fund restructurings, the Institutional Limited Partners Association (ILPA) has released guidance regarding this practice.
Orrick
Buyer first argued that the anti-assignment clause could not invalidate the transfer as a matter of Delaware law.
Gibson, Dunn & Crutcher
Join a panel of seasoned Gibson Dunn attorneys for a discussion that will examine Section 363 sales and their alternatives, with particular focus on key issues that can impact the
Cadwalader, Wickersham & Taft LLP
On May 20, 2019, the United States Supreme Court resolved one of the most important outstanding issues at the intersection of bankruptcy and intellectual property law, namely whether,
Orrick
The Ninth Circuit Court of Appeals recently held that a secured creditor's purchase of general unsecured claims to block confirmation of a Chapter 11 plan did not in itself constitute bad faith.
Orrick
The Fifth Circuit Court of Appeals reminded the plaintiff that standing is "determined as of the commencement of the suit" and post filing claims purchases will not suffice to establish standing.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Can a trademark licensee continue using a licensed trademark (legally, that is) even after the licensor has declared bankruptcy and—as allowed by the Bankruptcy Code
Orrick
Another decision has been issued that reinforces that section 553 does not allow setoff without mutuality, or "triangular setoff."
Ward and Smith, P.A.
A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting debts from discharge in Chapter 7
Stites & Harbison PLLC
Last week, in Mission Products, Inc. v. Tempnology, LLC, ___ U.S. ___, Case No. 17-1657 (May 20, 2019), the U.S. Supreme Court resolved a circuit split ...
Morrison & Foerster LLP
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under ง 365(a) ...
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Shearman & Sterling LLP
On behalf of Latham & Watkins, I would like to thank Global Legal Group for their efforts in publishing the 12th edition of The International Comparative Legal Guide to: Securitisation
Orrick
Another decision has been issued that reinforces that section 553 does not allow setoff without mutuality, or "triangular setoff."
Orrick
As part of a continued effort in Europe to reform insolvency legislation, the British government issued a paper in March 2018 as a response to a draft directive published by the European Commission in November 2016.
Cadwalader, Wickersham & Taft LLP
Last year, the Supreme Court issued its decision in Merit,1 unanimously ruling that a buyout transaction between private parties did not qualify for "safe harbor" ...
Hunton Andrews Kurth LLP
On March 27, 2019, the United States Bankruptcy Court for the Northern District of West Virginia issued an opinion1 holding that an over-secured creditor could not recover a portion of the creditor's attorney's fees...
Masuda, Funai, Eifert & Mitchell, Ltd.
On May 20, 2019, the U.S. Supreme Court issued its long-awaited decision in Mission Products Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC
Arnold & Porter
On May 20, 2019, in Mission Prod. Holdings, Inc. v. Tempnology, LLC, the Supreme Court issued an opinion at the intersection of trademark and bankruptcy law.
Mayer Brown
On April 23, 2019, the United States District Court for the Southern District of New York, in fraudulent transfer litigation arising out of the 2007 leveraged buyout of the Tribune Company,
Ward and Smith, P.A.
A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting debts from discharge in Chapter 7
Holland & Knight
The U.S. Court of Appeals for the First Circuit has affirmed a controversial ruling regarding the treatment of municipal revenue debt.
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