Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Fox Rothschild LLP
The debtor defaulted on a mortgage. The bankruptcy court confirmed a chapter 11 plan that allowed the debtor to cure the default by selling the property and using the sale proceeds to pay the loan off...
Morrison & Foerster LLP
Throwing yet another wrench into the long-running and hard fought bankruptcy proceedings of Energy Future Holdings Corp., et al.
Fox Rothschild LLP
In the Opinion, Judge Silverstein adopts the broad interpretation of a Claim that is routinely used, any "right to payment" constitutes a Claim.
Sheppard Mullin Richter & Hampton
In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions...
Jones Day
The Third Circuit Court of Appeals issued a highly-anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp. invalidating one of the aspects of EFH's confirmed chapter 11 plan.
Jones Day
Section 1123(d) provides that, if a chapter 11 plan proposes to "cure" a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law.
Fox Rothschild LLP
One of the key issues is the gap of time where you have to control the data before the actual mechanics are in place.
Shearman & Sterling LLP
In its reversal of the Delaware Bankruptcy Court and Delaware District Court, the Third Circuit focused largely on the distinction that the payment in question was tied to a "redemption" of the bonds...
Fox Rothschild LLP
Mark E. Hall was featured in the ABF Journal article, "Fox Rothschild Adds Experienced Bankruptcy Attorney Hall."
Fox Rothschild LLP
Mark E. Hall was featured in the Law360 article, "Fox Rothschild Adds Bankruptcy Partner."
Cadwalader, Wickersham & Taft LLP
Specifically, the CRM addressed issues and made recommendations that relate to default management implementation, auction process and porting.
Troutman Sanders LLP
Secured creditors are rejoicing over the recent decision of the United States Court of Appeals for the Ninth Circuit holding that a creditor is entitled to collect default interest...
Fox Rothschild LLP
On August 29, 2016, the Third Circuit released a precedential opinion (the "Opinion") which opined that a "[redemption] premium, meant to give the lenders the interest yield they expect, [does not] fall away because the full principal amount is now due ..
Proskauer Rose LLP
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.
Hughes Hubbard & Reed LLP
On October 11, 2016, the United States Supreme Court granted certiorari to a debt collection agency in its appeal from the Eleventh Circuit case Johnson v. Midland Funding, LLC.
Fox Rothschild LLP
In the recent decision of Unsecured Creditors Comm. of Sparrer Sausage Co., Inc. v. Jason's Foods, the Seventh Circuit overturned the bankruptcy court's application of the "bucketing" method to assess an ordinary-course defense to preference liability.
Fox Rothschild LLP
Made-in-the-USA retailer American Apparel, LLC and its affiliated entities ("Debtors") filed for Chapter 11 bankruptcy protection on Monday, Nov. 14th for the second time in just over a year, colloquially known as the "Chapter 22".
Fox Rothschild LLP
In a lengthy opinion published November 7, 2016, Judge Sontchi of the Delaware Bankruptcy Court provided a thorough analysis of the interaction between the Stored Communications Act and the Bankruptcy Code.
Thompson Coburn LLP
Missouri's new receivership statute became effective on August 28, 2016. The new statute, called the MCRA and codified at Chapter 515 of the Missouri Revised Statutes,...
Hughes Hubbard & Reed LLP
The Bankruptcy Code contains specific provisions that permit the subordination or disallowance of claims of insiders or others that may not, at equity, be entitled to the same status as a regular prepetition claim holder.
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Holland & Knight
The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California.
Sheppard Mullin Richter & Hampton
In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions...
Jones Day
The Third Circuit Court of Appeals issued a highly-anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp. invalidating one of the aspects of EFH's confirmed chapter 11 plan.
Jones Day
Section 1123(d) provides that, if a chapter 11 plan proposes to "cure" a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law.
Fox Rothschild LLP
One of the key issues is the gap of time where you have to control the data before the actual mechanics are in place.
Shearman & Sterling LLP
In its reversal of the Delaware Bankruptcy Court and Delaware District Court, the Third Circuit focused largely on the distinction that the payment in question was tied to a "redemption" of the bonds...
Cadwalader, Wickersham & Taft LLP
Specifically, the CRM addressed issues and made recommendations that relate to default management implementation, auction process and porting.
Morrison & Foerster LLP
Throwing yet another wrench into the long-running and hard fought bankruptcy proceedings of Energy Future Holdings Corp., et al.
Fox Rothschild LLP
Mark E. Hall was featured in the ABF Journal article, "Fox Rothschild Adds Experienced Bankruptcy Attorney Hall."
Fox Rothschild LLP
Mark E. Hall was featured in the Law360 article, "Fox Rothschild Adds Bankruptcy Partner."
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