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1
Mass Tort Plaintiffs Who Failed To Disclose Their Claims In Bankruptcy Court: Standing And Estoppel
We have blogged several times about mass tort plaintiffs who failed to list their tort claims in prior bankruptcy proceedings
United States
29 Aug 2019
2
A License To Kill A License? SCOTUS To Resolve Trademark Bankruptcy Split
Trademark licensing is a driving force in business relationships. One common example is where one business owns a trademark, which it licenses out to other companies who manufacture and sell the products bearing the mark.
United States
5 Dec 2018
3
Midstream at Issue in Bankruptcy: Sabine is Upheld in the District Court
The Southern District of New York upheld a very closely watched decision of recent years affecting bankruptcies in the oil and gas industry.
United States
20 Mar 2017
4
Amendment Of Core Payment Terms Only: Second Circuit Court Of Appeals Reverses The Marblegate Challenge To Section 316(B) Of Trust Indenture Act 1939
Restructuring lawyers and distressed companies alike were granted welcome relief by the US Second Circuit Court of Appeals when it overturned the decision of the District Court in the case of Marblegate Asset Management, LLC v Education Management Finance Corp.
United States
2 Feb 2017
5
Deadline To File Liquidated Claims With Lumbermens In Liquidation Extended To 2017
The November 10, 2016, deadline for timely filing liquidated claims in the Lumbermens Liquidation has been extended to November 10, 2017.
United States
11 Nov 2016
6
Watershed Ruling In U.S. Rejects OW Bunker's Maritime Lien Claims
Without a maritime lien, suppliers of necessaries to vessels do not have a right to arrest.
United States
2 Nov 2016
7
Reed Smith Prepares Enforceability Opinion For IECA New Master Netting Agreement
On October 7, 2016, Reed Smith assisted the International Energy Credit Association ("IECA") in preparing an enforceability opinion for the release its Master Netting Agreement (the "MNA") under both English and U.S. law.
United States
15 Oct 2016
8
Troubled Waters: The Raging Storm over Safe Harbors
A pair of recent decisions adds more fuel to the debate over forum shopping by debtors.
United States
4 Aug 2016
9
Second Circuit Raises A Caution Flag For Sales Free-And-Clear Of Claims
A recent decision from the United States Court of Appeals for the Second Circuit avoided answering the first question and gave a nuanced answer to the second.
United States
3 Aug 2016
10
A Flip On The Flip Clause: Lehman Court Changes Course On Flip Provisions And Financial Safe Harbors
New York bankruptcy judge dismisses claims to recover approximately $1 billion that had been distributed to noteholders following commencement of the Lehman Brothers chapter 11 proceedings in September 2008.
United States
7 Jul 2016
11
Private Equity Funds Liable for Withdrawal Liability Although Each Had Less Than 80% Ownership
It's Part 2 of one of the most important withdrawal liability cases in a decade...
United States
1 Apr 2016
12
Decisions In Sabine Oil & Gas And Quicksilver Resources Inc. Bankruptcy Cases Will Have Broad Impact On Midstream And Exploration & Production Companies In The Oil & Gas Industry
New York bankruptcy judge allows Sabine Oil & Gas to reject gathering agreements over the objections of midstream companies, finding that the covenants do not run with the land.
United States
10 Mar 2016
13
Commercial Restructuring & Bankruptcy Alert – January 2016
Reed Smith's global Commercial Restructuring & Bankruptcy team have recently published the January issue of their quarterly newsletter.
United States
6 Jan 2016
14
New York Law Governed Bonds Are Sufficient "Property" For U.S. Bankruptcy Court Jurisdiction
To qualify as a "debtor" under the U.S. Bankruptcy Code, an entity must reside, have a place of business or property in the U.S. It is common for non-U.S. entities that file for chapter 11 protection to rely on the "property" element of §109(a).
United States
6 Nov 2015
15
Hudson Energy Denied Administrative Priority For Electricity Sold Pre-Bankruptcy
In a September 18, 2015 order, the U.S. District Court for the Southern District of New York affirmed a bankruptcy court order denying administrative claim treatment to Hudson Energy Services, LLC ("Hudson") for its retail sales of electricity to the debtor.
United States
9 Oct 2015
16
District Court Confirms Netting/Setoff Practices
In a recent decision related to the SemCrude bankruptcy, the federal district court upheld the Bankruptcy Court's rulings on the efficacy of certain common risk-mitigation tools used in the energy trading and marketing business – namely product payment netting and cross-product setup upon liquidation and closeout.
United States
16 Sep 2015
17
Courts In New York And Singapore Reach Opposite Conclusions On The Validity Of Interpleader Applications Arising Out Of The OW Bunker Bankruptcy
On 7 November 2014, OW Bunker A/S, a global supplier and trader of marine fuel, filed for bankruptcy in Denmark. Further bankruptcies of OW subsidiaries and affiliates swiftly followed.
Worldwide
13 Jul 2015
18
Schemes Of Arrangement For Distressed Shipping Companies – A Viable (And Cheaper) Alternative To Chapter 11?
Many people assume that shipping companies choose chapter 11 because no other jurisdictions have the necessary processes in place to allow a company to reorganise.
United States
28 May 2015
19
Third Circuit: Only In A ‘Rare Case' May A Case Arising Under Chapter 11 Be Resolved In A ‘Structured Dismissal' That Deviates From The Bankruptcy Code's Priority System
The Court of Appeal has just decided a "novel question of bankruptcy law: may a case arising under chapter 11 ever be resolved –in a ‘structured dismissal' that deviates from the Bankruptcy Code's priority system?"
United States
26 May 2015
20
Commercial Restructuring & Bankruptcy Alert – May 2015, No. 2
Reed Smith's global Commercial Restructuring & Bankruptcy team have recently published the May issue of their quarterly newsletter.
Worldwide
19 May 2015
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