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.
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 § 365(a) ...
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" ...
Foley & Lardner
On May 20, 2019, the United States Supreme Court decided the case Mission Product Holdings, Inc. v. Tempnology, LLC.
Ward and Smith, P.A.
A debtor who files Chapter 7 does so with the presumption that all his or her debts will be forgiven or "discharged." But what about the dishonest debtor? How dishonest can a debtor be before their discharge is denied? And what can or should a creditor do
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,
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...
Cooley LLP
The Bankruptcy Court approved the rejection and held that the rejection terminated Mission Product's right to use the marks.
Moritt, Hock & Hamroff LLP
On 29 January 2019, Judge Martin Glenn, of the Southern District of New York (SDNY) Bankruptcy Court, in the case of ENNIA Caribe Holding,
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court's dismissal of avoidance actions brought by Irving Picard ...
Squire Patton Boggs LLP
Attorneys who advise a distressed company usually work very closely with members of the board of directors.
Squire Patton Boggs LLP
Earlier today, the Ninth Circuit Court of Appeals issued its long-awaited ruling in the Garvin v. Cook Investments, NW, SPNYW case
Cahill Gordon & Reindel LLP
While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important,
Arnold & Porter
The complaint the Trustee originally filed therefore did not include a constructive fraudulent conveyance claim.
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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.
Holland & Knight
The U.S. Court of Appeals for the First Circuit has affirmed a controversial ruling regarding the treatment of municipal revenue debt.
Orrick
Another decision has been issued that reinforces that section 553 does not allow setoff without mutuality, or "triangular setoff."
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...
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.
Hunton Andrews Kurth LLP
New York and Delaware courts resolved two coverage issues in favor of directors and officers of real estate investment trust advisory companies
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" ...
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,
Gibson, Dunn & Crutcher
Le 28 mars dernier, le Parlement Européen a adopté le projet de directive arrêté fin 2016 par la Commission relative aux cadres de restructuration préventive, à la remise de dettes et aux déchéances...
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