Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Proskauer Rose LLP ordered by Published Date Descending.
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Wealth Management Update - August 2019
Important federal interest rates continued to drop for August 2019.
United States
12 Aug 2019
Millennium: Are Syndicated Loans Securities?
In litigation related to the Millennium bankruptcy, the trustee for the bankruptcy's litigation trust sued the agent banks that underwrote a $1.75 billion dollar loan to Millennium
United States
24 Jul 2019
On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
UK Tax Round Up: March 2018
Welcome to the March edition of the Proskauer UK Tax Round Up.
28 Mar 2018
Hong Kong's Insolvency Regime: A Time Of Change
Earlier this year, Hong Kong's insolvency regime turned a corner with the coming into effect of much needed amendments to its corporate insolvency statute, the Companies Ordinance.
Hong Kong
27 Sep 2017
Courts Split On Definition Of A "Return" For Tax Discharge
On October 11, 2016, Martin Smith petitioned the Supreme Court for a writ of certiorari to review a decision by the Ninth Circuit. After Smith failed to file a timely tax return...
United States
12 Jan 2017
An Offer You Can't Refuse: Are Deathtraps A Tool For Fostering Settlements, Or A Method Of Coercion?
Accept an unpalatable offer, or reject it and risk getting much less (or even nothing)? This is the choice stakeholders in chapter 11 bankruptcies increasingly face as a result of the proliferation of "deathtrap" provisions in plans of reorganization.
United States
19 Nov 2016
In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee
Section 546(e) of the bankruptcy code prohibits a bankruptcy trustee from avoiding "settlement payment[s]", or payments "made in connection with a securities contract," that are "made by or to (or for the benefit of)" qualifying financial entities, ...
United States
3 Aug 2016
Nixing Permissive Plan Payments Effectively Repeals § 1129(a)(4)
In a recent decision, Hon. Richard J. Sullivan vacated Hon. James M. Peck’s memorandum decision approving the payment, pursuant to the Lehman Brothers chapter 11 plan, of the reasonable professional fees of members of the statutory com¬mittee of unsecured creditors in the Lehman case.
United States
13 Nov 2014
Orchestrated Involuntary Case Not Dismissed On Bad-Faith Grounds
In In re Houston Regional Sports Network LP,1 Hon. Marvin Isgur of the U.S. Bankruptcy Court for the Southern District of Texas held that an involuntary case commenced to circumvent a contractual clause requiring unanimous director consent to commence a voluntary case (the "unan¬imous-consent clause") was not subject to dis¬missal on bad-faith grounds pursuant to § 1112 (b) of the Bankruptcy Code.
United States
13 Nov 2014
The ERISA Litigation Newsletter - October 2013
This month we return to the age-old question – "What makes someone a fiduciary?"
United States
24 Oct 2013
UK Supreme Court Rules On Priority Ranking Of Pension Liabilities In Company Insolvencies
On 24th July the UK Supreme Court handed down its unanimous decision in relation to the LBIE/Nortel appeal, overturning the previous Court of Appeal and first instance judgments.
30 Jul 2013
MNPI And NDAs: The Alphabet Soup Of Getting Restricted
Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI").
United States
4 Mar 2013
New Swaps Legislative Initiative
On May 14, Treasury Secretary Timothy F. Geithner sent a two-page letter to Congressional leaders asking for quick enactment of legislation in accordance with his proposal to regulate most derivatives in the United States, including credit default swaps (“CDS”).
United States
2 Jun 2009
Real Estate Bankruptcy Cramdowns: Fact Or Fiction?
During the last real estate downturn in the early 1990s, real estate owners and operators often filed for bankruptcy protection as a negotiating tactic and as a means of shielding their assets from foreclosure.
United States
16 Mar 2009
Principles Affecting Deep Pocket Recoveries
Now that Bernard L. Madoff Investment Securities LLC is in bankruptcy and being liquidated by the SIPC trustee, its victims are focusing upon intermediaries, including so-called “feeder funds” and investment advisers, their corporate parents and affiliates, and their accountants as potential “deep pockets” from whom to obtain potential additional recoveries.
United States
4 Mar 2009
FAQs Regarding Customer Asset Protection In A Broker-Dealer Bankruptcy
In response to current financial market events, we are re-circulating the content of two Client Alerts originally published earlier this year regarding broker-dealer bankruptcies.
United States
17 Sep 2008
District Court Overturns 2006 Adelphia Bankruptcy Court Decision That Denied Lenders The Right To Recover Corrected And Increased “Grid Interest” After Borrower’s Original Certified Financial Information Was Discovered To Be False
The amount of interest to which lenders are entitled under “grid interest” formulas in loan and credit agreements should be based on the borrower’s actual and accurate financial information rather than financial information reported by borrower on compliance certificates and the like.
United States
12 Sep 2008
FAQs Regarding Customer Asset Protection In A Broker-Dealer Bankruptcy
This article addresses some of the most frequently asked questions regarding the safeguards the financial industry has in place to protect investors from the economic failure of broker-dealers.
United States
27 Mar 2008
Dismiss That Lawsuit!
Recent Delaware Governance Decisions Restrict Creditor Litigation Against Boards of Troubled Companies and Distressed Debt Investors
United States
21 Aug 2007
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