Searching Content indexed under Financial Restructuring by Mintz ordered by Published Date Descending.
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Health Care Fraud Investigations And Litigation Offer Unexpected Lessons For Bankruptcy Counsel
As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case in the Tenth Circuit for the lessons it might offer in defending FCA cases premised on
United States
14 May 2019
What To Make Of A Diminished Thing: Tobacco Bond Defaults And Restructurings
There is little poetry in tobacco bonds these days. Cigarette consumption has declined beyond projections, and the advent of e-cigarettes may exacerbate the decline.
United States
13 Mar 2015
Pennsylvania Amends Act 47 To Give The Commonwealth More Oversight And Its Municipalities Less Time To Reorganize
Pennsylvaniaís legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as "Act 47." HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014.
United States
11 Nov 2014
Puerto Rico Poised To Enact Bankruptcy-Like Legislation For Certain Revenue Bond Issuers
Puerto Rico's Governor Alejandro Garcia Padilla introduced debt restructuring legislation which, upon enactment, would provide a judicial debt relief process.
Puerto Rico
26 Jun 2014
Lyondell: Is The Safe Harbor Closed To Former Shareholders Of LBOs?
In a recent decision by the United States Bankruptcy Court for the Southern District of New York, Weisfelner, v. Fund 1, et al. (In re Lyondell Chem. Co.), 2014 Bankr. LEXIS 159 (Bankr. S.D.N.Y. January 14, 2014), the Court determined, among other things, that Section 546(e) of the Bankruptcy Code, the so-called "safe harbor" provision, does not apply to state law constructive fraudulent transfer claims brought by a creditor trust.
United States
12 Feb 2014
Are Credit Bids In A Deep Freeze?
A Delaware bankruptcy court recently limited a secured creditorís right to credit bid an acquired claim to the purchase price of that claim.
United States
4 Feb 2014
KB Toys: Donít Play With Clouded Claims
In a recent decision by the influential Third Circuit Court of Appeals, "In re KB Toys Inc.", the Court decided that "the cloud on the claim" stemming from a preferential payment made to the original claimant continues with the claim, which then could be disallowed.
United States
26 Nov 2013
An Insiderís Guide To Evading Absolute Priority?
In Chapter 11 bankruptcy cases, the absolute priority rule requires a debtorís creditors be paid in full before equity investors receive any value.
United States
8 Mar 2013
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