Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Cadwalader, Wickersham & Taft LLP
The Structured Finance Industry Group ("SFIG") submitted a proposed amicus brief to the SDNY Bankruptcy Court presiding over the involuntary chapter 11 petition pending against Taberna Preferred...
Jones Day
In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures.
Kramer Levin Naftalis & Frankel LLP
The authors provide an overview of the current retailer restructuring environment, identify strategies for maximizing retail asset value, and provide practical tips to optimally position retailers...
Kramer Levin Naftalis & Frankel LLP
This article provides a brief overview of the somewhat related doctrines of setoff and recoupment in the Chapter 11 context.
Kramer Levin Naftalis & Frankel LLP
In announcing the withdrawal, the IRS stated that it is of the view that, with respect to 332 liquidations, existing case law and published IRS rulings reflect the position of the IRS.
Kramer Levin Naftalis & Frankel LLP
Among the litany of events of defaults often found in indentures and other credit documents is an issuer's admission in writing of its inability to pay its debts as they come due.
Stites & Harbison PLLC
The Federal Reserve reports that delinquency rates on agricultural loans are up from .78% in the 3rd Q 2015 to 1.53% in 2nd Q 2017.
WilmerHale
At its core, corporate bankruptcy addresses the problem of the "inadequate pie." While occasionally the debtor will be solvent, in most cases, the debtor will, for lack of a better term, be "bankrupt"—that is, it won't have enough money or other assets to pay its creditors all they are owed.
Morrison & Foerster LLP
Howard Morris, head of the Business Restructuring + Insolvency group at Morrison & Foerster in London, recently authored "A ‘palliative' approach to insolvency in the retail world?" for Global Restructuring Review.
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
K&L Gates
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy.
Dickinson Wright PLLC
The supplier sought a judicial determination that its rights to the value of the goods and their proceeds were senior to those of the secured lenders.
Jones Day
The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
Jones Day
The Bankruptcy Code sets forth certain priority rules governing distributions to creditors in both chapter 11 and chapter 7 cases.
WilmerHale
Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value...
Jones Day
Two recent rulings add to the ongoing rift among bankruptcy and appellate courts regarding this issue.
Jones Day
In October 2015, the bankruptcy court granted a motion by the chapter 15 debtor's foreign representative to abandon the sale.
Jones Day
To determine what a creditor-transferee would receive in a hypothetical chapter 7 liquidation, it is necessary to understand the Bankruptcy Code's priority scheme.
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Carlton Fields
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
Stites & Harbison PLLC
The Federal Reserve reports that delinquency rates on agricultural loans are up from .78% in the 3rd Q 2015 to 1.53% in 2nd Q 2017.
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Kramer Levin Naftalis & Frankel LLP
This article provides a brief overview of the somewhat related doctrines of setoff and recoupment in the Chapter 11 context.
Kramer Levin Naftalis & Frankel LLP
Accordingly, the participating lender would, in such event, be a general unsecured creditor of the insolvent non-bank originating lender.
Cadwalader, Wickersham & Taft LLP
The Board of Governors of the Federal Reserve System ("FRB") adopted a new rule (the "final rule") that requires U.S. global systemically important banking institutions ("GSIBs")...
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 . . .
Kramer Levin Naftalis & Frankel LLP
Among the litany of events of defaults often found in indentures and other credit documents is an issuer's admission in writing of its inability to pay its debts as they come due.
Morrison & Foerster LLP
Howard Morris, head of the Business Restructuring + Insolvency group at Morrison & Foerster in London, recently authored "A ‘palliative' approach to insolvency in the retail world?" for Global Restructuring Review.
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