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1
Is "Per Debtor" Better?
Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case...
United States
19 Apr 2018
2
Debate Intensifies As To Whether The Bankruptcy Code's Avoidance Provisions Apply Extraterritorially
The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
United States
19 Apr 2018
3
First Circuit Limits Scope Of Jevic In Mooting Appeal Of Unstayed Bankruptcy Sale Order
In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions ...
United States
19 Apr 2018
4
Chapter 15 Update: U.S. Venue Selection Clause Does Not Trump Distribution Scheme In Italian Restructuring Plan
In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code ...
United States
19 Apr 2018
5
Would You (Still) Qualify For This Narrowed Safe Harbor From Clawback Claims?
In a February 2018 ruling, the United States Supreme Court narrowed one of the safe harbors for fraudulent transfer and other avoidance actions.
United States
19 Apr 2018
6
Navigating Disputed Chapter 11 Trustee Elections
The choice of a chapter 11 operating trustee can provoke a fight.
United States
19 Apr 2018
7
First Circuit Rejects Sunbeam Approach To Effect Of Rejection Of Trademark License In Bankruptcy
In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark...
United States
18 Apr 2018
8
In Brief: U.S. Supreme Court Adopts Deferential Standard Of Review On Chapter 11 Insider Status
It argued that the buyer of the claim was also disqualified from voting on the plan as a nonstatutory insider.
United States
18 Apr 2018
9
U.S. Supreme Court Narrows Scope Of Section 546(e)'s Safe Harbor For Securities Transaction Payments
Instead, the relevant inquiry is whether the transferor or the transferee in the transaction whose avoidance is sought is itself a financial institution.
United States
18 Apr 2018
10
Transaction Highlights: Frigoglass Restructuring
The parent company, Frigoglass S.A.I.C. (the "Parent") is incorporated in Greece and listed on the Athens Stock Exchange; it has subsidiaries in various EU countries and elsewhere in the world, but not in the UK.
United States
13 Apr 2018
11
Jeff Tarkenton In Radio World: How iHeart Media Chapter 11 Bankruptcy Will Work
Questions abound surrounding iHeartMedia's voluntary Chapter 11 bankruptcy filing.
United States
11 Apr 2018
12
"Per Plan" Or "Per Debtor"? Transwest Reignites The § 1129(a)(10) Debate
The article examines the recent Ninth Circuit ruling in Transwest, which held that 11 U.S.C. § 1129 (a)(10) should be interpreted on a "per-plan" basis, meaning that only one impaired accepting class...
United States
10 Apr 2018
13
District Court Upholds Damage Limitations For Lender's Refusal To Fund: Lyondell Revisited
In the August 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York with respect to claims brought by the litigation trust...
United States
5 Apr 2018
14
Debt Dialogue: March 2018
After a hiatus of several months, we are resuming publication of Debt Dialogue, Kramer Levin's online newsletter devoted to legal developments of interest affecting borrowers and issuers, lenders and security holders...
United States
5 Apr 2018
15
Court's Recognition Of Hong Kong Liquidation Could Have Broad Implications For Foreign Bankruptcy Cases
The case is believed to be the first case considering contested recognition of a Hong Kong voluntary liquidation.
United States
4 Apr 2018
16
Florida Passes Bill To Stop Bankruptcy Debtors From "Having Their Cake And Eating It Too"
On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law.
United States
27 Mar 2018
17
Master Limited Partnerships: Fundamentals And Related Structuring And Formation Considerations
It has been a rough three years in the energy sector. We all witnessed the precipitous decline in oil and gas prices and the wide-spread carnage that followed.
United States
23 Mar 2018
18
Restricted vs. Continuing Guaranty And The Section 727(b) Discharge
Is your guaranty restricted or continuing? A continuing guaranty gives rise to divisible individual transactions, while a restricted guaranty­—one that concerns a contemplated and specified extension of credit—
United States
21 Mar 2018
19
Dismissal Of "Marijuana" Bankruptcy Not Automatic As Bankruptcy Appellate Court Overturns Dismissal Of Bankruptcy Case Of Landlord Debtor With Dispensary Tenant
In a noteworthy decision, the Bankruptcy Appellate Panel for the Ninth Circuit overturned a dismissal of a bankruptcy case, which the lower court had dismissed based on its belief that the landlord debtor was...
United States
20 Mar 2018
20
Supreme Court Alert: The Court Provides Additional Guidance On The Appropriate Level Of Review Of Determinations Of Mixed Questions Of Law And Fact By The Bankruptcy Court
On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations ...
United States
16 Mar 2018
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