Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Jones Day
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.
Reed Smith
The Delaware Court of Chancery applied the protections afforded under the business judgment rule to investment strategies adopted by directors of insolvent corporations.
Stites & Harbison PLLC
Unlike most states, Kentucky’s fraudulent transfer statute is essentially bespoke, adopting neither the Uniform Fraudulent Transfer Act or the Uniform Fraudulent Conveyance Act.
Foley & Lardner
Lenders need to exercise great caution when filing a UCC-3 termination statement.
Stites & Harbison PLLC
Some creditors believe that they can only collect contractual attorney’s fees if their attorney files suit against the debtor and obtains judgment.
Moritt, Hock & Hamroff LLP
A key strategy in acquiring assets from a bankruptcy estate is by utilising existing debt and liens to credit bid for the assets that may be in play.
Thompson Coburn LLP
The time is ripe for Congress to reconsider current laws prohibiting postsecondary institutions that declare bankruptcy from participating in the federal financial aid programs.
Reed Smith
All states have adopted some form of the "attorney-client privilege" and the "work product doctrine."
Reed Smith
On October 1, 2014, the bankruptcy judge overseeing the chapter 9 proceeding of Stockton, California observed from the bench that the city can cut pension obligations.
Reed Smith
In a recent non-precedential holding, the Third Circuit Court of Appeals affirmed a decision of the bankruptcy court finding that the disclosure of a third-party release in the settlement agreement and the disclosure statement accompanying a plan of reorganization was inadequate
Waller Lansden Dortch & Davis
Article from Waller Law
Fox Rothschild LLP
Michael Sweet was a guest on CNBC on October 2, 2014 to discuss the Stockton bankruptcy and the ramifications the decision in the case will have.
Patterson Belknap Webb & Tyler LLP
The Great Recession has been especially hard on U.S. retailers, and its impact likely will be felt for many more years.
Jones Day
On June 30, 2014, Latin America’s third-largest economy failed to make a scheduled $539 million payment to bondholders.
Jones Day
On July 16, 2014, the Uniform Law Commission approved a series of amendments to the Uniform Fraudulent Transfer Act, which is currently in force in 43 states.
Jones Day
The proposed changes to the Bankruptcy Rules and the Official Forms of particular pertinence in commercial bankruptcy cases include the following.
Jones Day
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
Jones Day
A trademark licensee faces a great deal of uncertainty concerning its ability to continue using a licensed trademark if the licensor files for bankruptcy.
Jones Day
A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common.
Jones Day
The long-running dispute over the payment of Argentina’s sovereign debt has been particularly active in recent months and weeks.
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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.
Reed Smith
Foreign investors who are concerned about the extraterritorial application of U.S. bankruptcy law can draw some comfort from a recent decision.
Jones Day
On June 30, 2014, Latin America’s third-largest economy failed to make a scheduled $539 million payment to bondholders.
Mayer Brown
Today (October 2, 2014), the Supreme Court granted certiorari in four cases of interest to the business community:
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.
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.
Jones Day
A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common.
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.
Jones Day
A trademark licensee faces a great deal of uncertainty concerning its ability to continue using a licensed trademark if the licensor files for bankruptcy.
Reed Smith
All states have adopted some form of the "attorney-client privilege" and the "work product doctrine."
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