Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Jones Day
The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium...
Miles & Stockbridge
For a creditor, the difference between a perfected and unperfected security interest can mean the difference between full repayment and receiving mere pennies on the dollar (or nothing) in a bankruptcy.
Sheppard Mullin Richter & Hampton
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
Troutman Sanders LLP
On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and...
Warner Norcross & Judd LLP
Most companies extend unsecured credit to their customers as a routine and often daily part of their business—a supplier ships parts to its customer along with an invoice and, at some point thereafter...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender's efforts to control whether its borrower could file bankruptcy.
Jones Day
The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers.
Jones Day
This is so in part because the statute itself does not define "interest."
Jones Day
The Bankruptcy Code does not mandate any specific method for valuing collateral.
Smith Gambrell & Russell LLP
Courts regularly apply the equitable doctrine of judicial estoppel to justify the dismissal of a lawsuit brought by a person that had filed for bankruptcy.
Herrick, Feinstein LLP
On September 18, Toys "R" Us filed a chapter 11 petition in the United States Bankruptcy Court for the Eastern District of Virginia; it also filed for bankruptcy protection for its Canadian operations.
Cadwalader, Wickersham & Taft LLP
The Structured Finance Industry Group ("SFIG") submitted a proposed amicus brief to the SDNY Bankruptcy Court presiding over the involuntary chapter 11 petition pending against Taberna Preferred...
Jones Day
In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures.
Kramer Levin Naftalis & Frankel LLP
The authors provide an overview of the current retailer restructuring environment, identify strategies for maximizing retail asset value, and provide practical tips to optimally position retailers...
Kramer Levin Naftalis & Frankel LLP
This article provides a brief overview of the somewhat related doctrines of setoff and recoupment in the Chapter 11 context.
Kramer Levin Naftalis & Frankel LLP
In announcing the withdrawal, the IRS stated that it is of the view that, with respect to 332 liquidations, existing case law and published IRS rulings reflect the position of the IRS.
Kramer Levin Naftalis & Frankel LLP
Among the litany of events of defaults often found in indentures and other credit documents is an issuer's admission in writing of its inability to pay its debts as they come due.
Stites & Harbison PLLC
The Federal Reserve reports that delinquency rates on agricultural loans are up from .78% in the 3rd Q 2015 to 1.53% in 2nd Q 2017.
Jones Day
When the reforms come into force, they will supplement and complement the Recast European Union Insolvency Regulation that became effective on June 26, 2017.
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Jones Day
The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers.
Carlton Fields
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
Herrick, Feinstein LLP
On September 18, Toys "R" Us filed a chapter 11 petition in the United States Bankruptcy Court for the Eastern District of Virginia; it also filed for bankruptcy protection for its Canadian operations.
Jones Day
The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
The Bankruptcy Code does not mandate any specific method for valuing collateral.
Cadwalader, Wickersham & Taft LLP
The Board of Governors of the Federal Reserve System ("FRB") adopted a new rule (the "final rule") that requires U.S. global systemically important banking institutions ("GSIBs")...
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
When the reforms come into force, they will supplement and complement the Recast European Union Insolvency Regulation that became effective on June 26, 2017.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender's efforts to control whether its borrower could file bankruptcy.
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