Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Foley & Lardner
Wisconsin's Chapter 128 has long been something of a "wild west" of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898,...
Jones Day
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
Arnold & Porter
The U.S. District Court for the Southern District of New York recently issued an important decision addressing the applicability of the Section 546(e)
Cadwalader, Wickersham & Taft LLP
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan ("Plan")1
Jones Day
On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy.
Jones Day
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp.
Jones Day
In In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit ruled that a "make-whole," or "prepayment," premium owed on unsecured notes.
Jones Day
In In re O'Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee.
Jones Day
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans.
Foley & Lardner
Recent economic indicators suggest that the manufacturing industry in the United States has contracted and that the economy may be headed towards recession.
Mintz
On August 23, 2019, President Trump signed into law the "Small Business Reorganization Act of 2019."
Reed Smith
We have blogged several times about mass tort plaintiffs who failed to list their tort claims in prior bankruptcy proceedings
Thompson Coburn LLP
The President signed legislation on August 23, 2019 modifying the Bankruptcy Code in several respects. Here are the four biggest takeaways.
Holland & Knight
President Donald Trump on Aug. 23, 2019, signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) into law.
Ward and Smith, P.A.
Under the old law, the debt limit was around $4.3 million.
Sheppard Mullin Richter & Hampton
The United States Court of Appeals for the Seventh Circuit held that payments made by a debtor's customers to its lender converting a pre-petition loan to a post-petition loan constituted
Caplin & Drysdale
This case arises from Tribune's longstanding Chapter 11 bankruptcy that began in 2008
Moritt, Hock & Hamroff LLP
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court.
Mintz
Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently
Duane Morris LLP
Recently, the U.S. District Court for the Central District of California (sitting as an appellate court) reversed the lower bankruptcy court's order disallowing the portion of a lender's
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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 § 365(a) ...
Gibson, Dunn & Crutcher
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production ("E&P") sector of the oil and gas industry temporarily leveled off.
Arnold & Porter
The FTC's December 21, 2018 conditional approval of the acquisition of a partly constructed resin plant out of bankruptcy by a consortia of three competitors ...
Arnold & Porter
The U.S. District Court for the Southern District of New York recently issued an important decision addressing the applicability of the Section 546(e)
Caplin & Drysdale
This case arises from Tribune's longstanding Chapter 11 bankruptcy that began in 2008
Cadwalader, Wickersham & Taft LLP
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan ("Plan")1
Thompson Coburn LLP
The President signed legislation on August 23, 2019 modifying the Bankruptcy Code in several respects. Here are the four biggest takeaways.
Jones Day
In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement.
Jones Day
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp.
Mintz
On August 23, 2019, President Trump signed into law the "Small Business Reorganization Act of 2019."
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