Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Arnold & Porter
This is an area that is still developing, and independent committees and their professionals should continue to follow the cases arising in this area of the law.
Moritt, Hock & Hamroff LLP
The bankruptcy courts have been continuously at the forefront of the many courts embracing mediation as a tool to resolve disputes.
Stoll Keenon Ogden PLLC
Bankruptcy court jurisdiction over Medicare issues is increasingly important given the distressed state of the health care industry and skyrocketing level of bankruptcy filings
Jones Day
In doing so, the Second Circuit explained that exposure to the market is the best determinant of value.
Thompson Coburn LLP
In a recent opinion, the Court of Appeals for the Seventh Circuit ruled the City of Chicago must return repossessed and impounded vehicles upon receiving a bankruptcy petition,
Caplin & Drysdale
The CWNevada LLC court's suggestion that there may be cases where relief is appropriate for debtors that generate income from marijuana-related activities supports this view.
Ward and Smith, P.A.
When your customer is in bankruptcy, there are two major no-nos that you must remember.
Gibson, Dunn & Crutcher
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production ("E&P") sector of the oil and gas industry temporarily leveled off.
Mintz
Over the last two years, much of the healthcare world has been watching the government's prosecution of Insys Therapeutics for its sales and marketing practices related to its Subsys spray.
Bowditch & Dewey
The Democratic presidential race is brimming with ideas for tackling the student debt crisis:
Cadwalader, Wickersham & Taft LLP
On June 19, 2019, the United States Court of Appeals for the Third Circuit (the "Third Circuit") affirmed a ruling of the United States District Court for the District of Delaware
Mayer Brown
At the III Commercial Law Conference held on June 7, 2019, the Council of the Federal Justice approved Precedent No. 104, according to which there will be no transfer of liabilities regarding
Stites & Harbison PLLC
At the conclusion of a bankruptcy, the court typically enters an order discharging the debtor from personal liability for most pre-bankruptcy debts.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
In March 2019, Judge Stuart M. Bernstein of the U.S. Bankruptcy Court for the Southern District of New York ruled that lenders using clear and unambiguous language in their loan agreements
Mayer Brown
Chapter 11 of the U.S. Bankruptcy Code offers distressed companies the opportunity for a fresh start through a courtapproved plan of reorganization.
Jones Day
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
Kirkland & Ellis International LLP
In this article, the authors discuss the successful going-concern sale of mall-based retailer Things Remembered,
Jones Day
In SummitBridge Nat'l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney's fees ...
Jones Day
Several bankruptcy and appellate courts have addressed this issue in recent years, with inconsistent results.
Thompson Coburn LLP
On June 3, 2019, the U.S. Supreme Court clarified the standard for holding a creditor in contempt for attempts to collect a debt from someone who previously received a bankruptcy discharge.
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Shearman & Sterling LLP
On behalf of Latham & Watkins, I would like to thank Global Legal Group for their efforts in publishing the 12th edition of The International Comparative Legal Guide to: Securitisation
Thompson Coburn LLP
In a recent opinion, the Court of Appeals for the Seventh Circuit ruled the City of Chicago must return repossessed and impounded vehicles upon receiving a bankruptcy petition,
Gibson, Dunn & Crutcher
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production ("E&P") sector of the oil and gas industry temporarily leveled off.
Mayer Brown
Chapter 11 of the U.S. Bankruptcy Code offers distressed companies the opportunity for a fresh start through a courtapproved plan of reorganization.
Masuda, Funai, Eifert & Mitchell, Ltd.
On May 20, 2019, the U.S. Supreme Court issued its long-awaited decision in Mission Products Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC
Jones Day
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
Gibson, Dunn & Crutcher
The failure of a leveraged buyout (LBO) can result in complex, years-long litigation. Issues involving the debtor's solvency
Akin Gump Strauss Hauer & Feld LLP
Private equity sponsors, hedge funds, and other investment entities who bargain for seats on their portfolio companies' boards often assume that their director-designees will be fully covered
Cadwalader, Wickersham & Taft LLP
On May 20, 2019, the United States Supreme Court resolved one of the most important outstanding issues at the intersection of bankruptcy and intellectual property law, namely whether,
Bowditch & Dewey
The Democratic presidential race is brimming with ideas for tackling the student debt crisis:
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