Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Orrick
Yesterday, on 26 June 2017, the Recast EU Insolvency Regulation (Council Regulation (EC) No. 2015/848) came into force.
Jones Day
Protocols establish the premise for their creation and outline the goals the parties hope to achieve.
Hughes Hubbard & Reed LLP
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
Foley & Lardner
On June 25, 2017, Takata's US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan), filed chapter 11 cases seeking bankruptcy protection ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A federal rule of decision more often leads to recharacterization of debt to equity than application of underlying state law.
Hughes Hubbard & Reed LLP
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
Duane Morris LLP
On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that "debtors with assets or income derived from marijuana may not proceed...
Butler Snow LLP
Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys...
Troutman Sanders LLP
The U.S. Supreme Court has approved changes to the Federal Bankruptcy Rules that, if they become effective, will result in important alterations to the filing of proofs of claim by residential mortgage...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court...
Hughes Hubbard & Reed LLP
The United States Bankruptcy Court for the Southern District of New York recently held that it had personal jurisdiction over a foreign defendant that was paid funds pursuant to the Court's order...
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Thompson Coburn LLP
A series of cases decided by the federal district court in Chicago holds that a properly perfected secured creditor can waive its right of priority in collateral in favor of a judgment lien creditor...
Moritt, Hock & Hamroff LLP
The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry...
Jones Day
On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 and the Financial CHOICE Act of 2017) that would allow financial institutions...
Pryor Cashman LLP
Under the American Rule, each party to a litigation is responsible for paying its own attorney fees, unless a statute or contract provides otherwise.
WilmerHale
The answers to these questions may depend on whether the insolvent LLC or LP is in bankruptcy.
Kramer Levin Naftalis & Frankel LLP
This month's issue of Debt Dialogue addresses cases and issues of interest to investors, issuers, trustees and others, that run the gamut from structuring and issuance to bankruptcy and reorganization.
Jones Day
The Sixth Circuit Court of Appeals has recently expanded the ability of parties to appeal a bankruptcy court's approval of a sale of assets notwithstanding the statutory mootness rule...
Jones Day
In Weisfelner v. Blavatnik (In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company...
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Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Duane Morris LLP
On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that "debtors with assets or income derived from marijuana may not proceed...
Carlton Fields
A weekly summary of select real property, financial services, and title insurance cases and recent developments, presented by Carlton Fields' Real Property Litigation and Consumer Finance practice groups.
Jones Day
With one exception, the Top 10 List of "public company" (defined as a company with publicly traded stock or debt) bankruptcies of 2016 consisted entirely of energy companies . . .
Hughes Hubbard & Reed LLP
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
Miles & Stockbridge
As cautioned in my recently co-authored article, "The Future Isn't Promising for Retailers", that appeared in the Baltimore Business Journal on March 10, 2017, the retail sector may be primed to see...
Troutman Sanders LLP
The U.S. Supreme Court has approved changes to the Federal Bankruptcy Rules that, if they become effective, will result in important alterations to the filing of proofs of claim by residential mortgage...
Butler Snow LLP
Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys...
Hughes Hubbard & Reed LLP
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
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