Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Patterson Belknap Webb & Tyler LLP
Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability.
Jones Day
In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral.
Jones Day
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
Jones Day
In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court
Jones Day
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate charter ...
Jones Day
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers.
Moritt, Hock & Hamroff LLP
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
Shearman & Sterling LLP
The consummation of a plan of reorganization typically involves a series of complex actions by the debtor and its stakeholders.
Kramer Levin Naftalis & Frankel LLP
A rising number of distressed companies are appointing independent directors or managers (Independents) prior to filing for bankruptcy. Independents—who may act as part of special committees...
Moritt, Hock & Hamroff LLP
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court ...
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Since the Delaware Supreme Court held in CML V, LLC v. Bax that creditors of a Delaware LLC lack standing to pursue derivative breach-of-fiduciary-duty claims, even if the LLC is insolvent or near...
Dentons
Four recent decisions in the Chapter 15 arena all support the use of Chapter 15 by a foreign representative in the pursuit of relief in the US.
Shumaker Loop & Kendrick
In the Chapter 15 proceedings of Energy Coal S.p.A., the Delaware Bankruptcy Court required a U.S. creditor to recover its claim in Italy.
Stroock & Stroock & Lavan LLP
We are pleased to announce an update to the publication of A Guide to the Bankruptcy Law of the United States.
Carlton Fields
The stipulation and the restructuring plan was then approved
Hughes Hubbard & Reed LLP
Lehman and MF Global Taught the Need to Prepare for the Next Financial Collapse​.
WilmerHale
Section 524(g)(4) also authorizes third-party releases for the benefit of a debtor's insurer.
Shearman & Sterling LLP
On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code ...
Freeborn & Peters LLP
On July 9, the Seventh Circuit ruled that the IDOR cannot collect delinquent retail and sales taxes from the proceeds of bankruptcy sales of several businesses because the IDOR did not present evidence of how much...
Milbank, Tweed, Hadley & McCloy LLP
Milbank, Tweed, Hadley & McCloy LLP recently secured a dismissal of an appeal seeking to undo the confirmed $1.2 billion chapter 11 bankruptcy plans that its client JD Holdings, L.L.C...
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Troutman Sanders LLP
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
Hughes Hubbard & Reed LLP
Christopher Kiplok, counsel to the trustee in the liquidation of Lehman Brothers, was interviewed by NPR's Marketplace regarding the 10th anniversary of the collapse of Lehman Brothers.
Jones Day
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
Morrison & Foerster LLP
This month's round-up covers a slew of interesting bid protests from the Government Accountability Office
Jones Day
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers.
Dentons
Four recent decisions in the Chapter 15 arena all support the use of Chapter 15 by a foreign representative in the pursuit of relief in the US.
Carlton Fields
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
Stroock & Stroock & Lavan LLP
We are pleased to announce an update to the publication of A Guide to the Bankruptcy Law of the United States.
Moritt, Hock & Hamroff LLP
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court ...
Jones Day
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate charter ...
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