Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Jones Day
The notion of "undertaking in difficulty" is a key element in State aid law because undertakings in difficulty can receive State aid only under the restrictive conditions for so-called rescue and...
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
K&L Gates
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy.
Dickinson Wright PLLC
The supplier sought a judicial determination that its rights to the value of the goods and their proceeds were senior to those of the secured lenders.
Jones Day
The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
Jones Day
The Bankruptcy Code sets forth certain priority rules governing distributions to creditors in both chapter 11 and chapter 7 cases.
WilmerHale
Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value...
Jones Day
Two recent rulings add to the ongoing rift among bankruptcy and appellate courts regarding this issue.
Jones Day
In October 2015, the bankruptcy court granted a motion by the chapter 15 debtor's foreign representative to abandon the sale.
Jones Day
To determine what a creditor-transferee would receive in a hypothetical chapter 7 liquidation, it is necessary to understand the Bankruptcy Code's priority scheme.
Jones Day
It ruled that, because New York law did not allow setoff of contingent claims, the defendants in an adversary proceeding could not assert a right of setoff for admittedly contingent claims as a defense.
Davis & Gilbert
Student loans carry a reputation for inevitability surpassed only by death and taxes.
Kramer Levin Naftalis & Frankel LLP
This month's issue of Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights...
Carlton Fields
The Bankruptcy Court also struck Allied World's bond filed in response to the court's June 12 order.
K&L Gates
The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a "false, deceptive, misleading, unfair, or unconscionable" act...
Smith Gambrell & Russell LLP
A bankruptcy court in Texarkana, Texas held that breaches by two debtor-franchisees of a non-competition covenant in their franchise agreement with a print shop franchisor qualified for discharge through bankruptcy.
Jones Day
Protocols establish the premise for their creation and outline the goals the parties hope to achieve.
Hughes Hubbard & Reed LLP
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
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Carlton Fields
The Bankruptcy Court also struck Allied World's bond filed in response to the court's June 12 order.
Jones Day
In October 2015, the bankruptcy court granted a motion by the chapter 15 debtor's foreign representative to abandon the sale.
BakerHostetler
Commercial landlords have unique protections in bankruptcy, but can lose these rights if they do not assert them. When a commercial tenant files bankruptcy under Chapter 11, the landlord must...
Carlton Fields
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period.
Jones Day
With one exception, the Top 10 List of "public company" (defined as a company with publicly traded stock or debt) bankruptcies of 2016 consisted entirely of energy companies . . .
Jones Day
It ruled that, because New York law did not allow setoff of contingent claims, the defendants in an adversary proceeding could not assert a right of setoff for admittedly contingent claims as a defense.
K&L Gates
The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a "false, deceptive, misleading, unfair, or unconscionable" act...
Jones Day
To determine what a creditor-transferee would receive in a hypothetical chapter 7 liquidation, it is necessary to understand the Bankruptcy Code's priority scheme.
Jones Day
The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
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