Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Jones Day
On 9 July 2014, the UK government began a period of consultation in relation to proposed changes to the Insolvency Act 1986.
Jones Day
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.
Orrick
Faced with huge losses in the subprime mortgage market, Lehman Brothers Holdings Inc. filed for Chapter 11 bankruptcy protection on September 15, 2008.
Fox Rothschild LLP
Earlier this month, Barry E. Mukamal, in his capacity as Litigation Trustee, began filing complaints to recover what the Trustee contends are avoidable preferences.
Reed Smith
Loan agreements and bond indentures often contain "make-whole" provisions, which provide yield protection to lenders and investors in the event of a repayment prior to maturity.
Hughes Hubbard & Reed LLP
Chief Judge Morris held that a Chapter 11 bankruptcy plan proposed by an LLC that owned two parcels of land could not be confirmed over the objection of a creditor.
Pepper Hamilton LLP
A chapter 13 debtor was a member of a limited liability company. Another member sought relief from the automatic stay in order to acquire the debtor’s membership interests.
Cadwalader, Wickersham & Taft LLP
MPM Silicones, LLC filed for chapter 11 bankruptcy protection, and soon after filed a prearranged plan of reorganization and obtained commitments for two exit financing facilities.
Cadwalader, Wickersham & Taft LLP
The United States District Court for the Southern District of New York entered a decision in Davis v. Elliot Management Corp., et al. (In re Lehman Bros. Holdings Inc.).
Duane Morris LLP
The U.S. Bankruptcy Court for the Eastern District of Virginia considered the objection of Chapter 11 debtors to a secured creditor's right to credit bid at a sale of the debtors' assets.
Pepper Hamilton LLP
A chapter 7 trustee sought to avoid as a preference a mortgage that was recorded within 90 days before a bankruptcy filing.
Arent Fox LLP
Many indentures contain "make-whole provisions," which protect a noteholder’s right to receive bargained-for interest payments by requiring compensation for lost interest.
WilmerHale
A recent decision serves as a stark reminder that, if a foreign debtor seeks no more than an order granting recognition under Section 1517 and the automatic effects of recognition under Section 1520 of Chapter 15 with respect to U.S. assets ..
Fox Rothschild LLP
Michael A. Sweet was quoted in the Reuters article, "Detroit End in Sight as Deals Leave FGIC Last Major Bankruptcy Holdout."
Pepper Hamilton LLP
A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage to obtain a first priority lien.
Reed Smith
Foreign investors who are concerned about the extraterritorial application of U.S. bankruptcy law can draw some comfort from a recent decision.
Fox Rothschild LLP
Yann Geron serves in an ongoing role as a contributing author to the "Collier Bankruptcy Practice Guide."
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Court ruled that the governing loan documents lacked specific language requiring a make-whole premium upon acceleration.
Pepper Hamilton LLP
In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid.
Jager Smith P.C.
Section 546(e) does not apply to or preempt a state law constructive fraudulent transfer claim to recover LBO payments to shareholders.
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Jones Day
As in 2012, banking and financial services companies were conspicuously absent from the Top 10 List of public-company bankruptcy filings for 2013.
Ropes & Gray LLP
This decision will introduce a new level of risk to leveraged lending – secured lenders will face the specter of losing any semblance of market treatment.
Reed Smith
Foreign investors who are concerned about the extraterritorial application of U.S. bankruptcy law can draw some comfort from a recent decision.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state.
Arent Fox LLP
Many indentures contain "make-whole provisions," which protect a noteholder’s right to receive bargained-for interest payments by requiring compensation for lost interest.
Jones Day
On 9 July 2014, the UK government began a period of consultation in relation to proposed changes to the Insolvency Act 1986.
Pepper Hamilton LLP
A chapter 7 trustee sued a manager of three LLC debtors for breach of fiduciary duty and to hold the manager personally liable for distributions made to members.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
A trustee or debtor in bankruptcy may sell the bankrupt debtor’s property with bankruptcy court approval under §363 of the Bankruptcy Code.
Pepper Hamilton LLP
After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender.
Jager Smith P.C.
Section 546(e) does not apply to or preempt a state law constructive fraudulent transfer claim to recover LBO payments to shareholders.
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