Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Fox Rothschild LLP
The operator of the Fox and Hound, Bailey's Sports Grille and Champps Kitchen and Bar chains filed for Chapter 11 bankruptcy protection on Wednesday, August 10th, listing debts that significantly exceeded assets.
Fox Rothschild LLP
On August 23, 2016, Judge Sue L. Robinson of the Delaware District Court issued an Order denying an appellant's motion for stay pending appeal.
Fox Rothschild LLP
The decision was issued in the Quantum Foods bankruptcy, in the adversary proceeding No. 16-50045.
Fox Rothschild LLP
On August 4, 2016, the Delaware Bankruptcy Court considered cross-motions for summary judgment in a preference action case styled as Pirinate Consulting Group, LLC v. Maryland Department of the Environment (In re NewPage Corp.).
Fox Rothschild LLP
On August 2, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion (the "Opinion") in the Refco Public Commodity Pool, L.P. bankruptcy, Case No. 14-11216.
Seyfarth Shaw LLP
Decision clarifies standards for priority treatment under section 507(a)(7); important implications in retail bankruptcy cases for debtors, creditors - and consumers.
Reinhart Boerner Van Deuren S.C.
In bankruptcy preference litigation, timing issues are crucial. Was a pre-bankruptcy payment made inside or outside of the 90‑day preference period?
Jones Day
Section 546(e) provides that pre-bankruptcy transfers made by or to, among other entities, a "financial institution" may not be avoided as a fraudulent transfer...
Jones Day
On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe harbor" applicable to constructive fraudulent transfers . . .
Kramer Levin Naftalis & Frankel LLP
The threat of litigation may give minority bondholders a powerful tool to hinder less than fully consensual out-of-court restructurings and provide them with increased leverage in negotiations.
Kramer Levin Naftalis & Frankel LLP
The Debtors had issued two series of first lien notes with an aggregate principal amount of $4 billion.
Kramer Levin Naftalis & Frankel LLP
In a pair of decisions in 2015, the United States Bankruptcy Court of the District of Delaware determined that neither the first lien notes trustee nor the second lien notes trustee of EFIH was entitled to receive a make-whole on the repayment of the corresponding indebtedness.
Kramer Levin Naftalis & Frankel LLP
On June 28, 2016, Judge Chapman of the U.S. Bankruptcy Court for the Southern District of New York ruled in Lehman Brothers Special Financing Inc. v. Bank of America National Association, et al.
Carlton Fields
Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds.
Stoll Keenon Ogden PLLC
The multimillion-dollar answer of who owns the rights to unfinished business when law firms fail rests with the California Supreme Court.
Shearman & Sterling LLP
United States Bankruptcy Court for the District of Delaware Holds That Litigation Trustee May Pursue State Law Fraudulent Conveyance Claims, Notwithstanding Bankruptcy Code Safe Harbors.
Shearman & Sterling LLP
Lehman was party to numerous synthetic CDO transactions, whereby Lehman entered into swap agreements with special purpose vehicles that, in turn, issued notes to various classes of noteholders.
Jones Day
The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law.
Jones Day
On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code
Jones Day
On December 7, 2015, the Australian government released its "National Innovation and Science Agenda" (the "Agenda").
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Kramer Levin Naftalis & Frankel LLP
Borrowers, agent banks, syndicate members and secondary market purchasers incur, syndicate, sell and buy bank debt on the assumption that bank debt is not a "security."
Stoll Keenon Ogden PLLC
The multimillion-dollar answer of who owns the rights to unfinished business when law firms fail rests with the California Supreme Court.
Jones Day
The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law.
Jones Day
Justice Sonia Sotomayor filed a dissenting opinion in which Justice Ruth Bader Ginsburg joined.
Jones Day
On December 7, 2015, the Australian government released its "National Innovation and Science Agenda" (the "Agenda").
Grant Thornton LLP
The IRS has issued final regulations for determining whether disregarded entities can be considered the "taxpayer" for the bankruptcy and insolvency exceptions to cancellation of debt income rules.
Jones Day
BlueStone's obligation to close the transaction was conditioned on the court's issuance of a final order approving the rejection of three gas gathering and processing agreements and a joint operating agreement between Quicksilver and Crestwood Midstream Partners ("Crestwood").
Shearman & Sterling LLP
In its judgment of 19 June 2016, the Court of Justice of the European Union confirmed that the European Commission's 2013 Banking Communication is not contrary to EU law.
Shearman & Sterling LLP
Lehman was party to numerous synthetic CDO transactions, whereby Lehman entered into swap agreements with special purpose vehicles that, in turn, issued notes to various classes of noteholders.
Seyfarth Shaw LLP
Decision clarifies standards for imputation and actual intent; could result in clawback of over $6B to pre-LBO shareholders.
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