Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Jones Day
The International Capital Market Association announced a proposal designed to reduce the ability of holdout investors to undermine sovereign debt restructurings.
Jones Day
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.
Arent Fox LLP
Senior creditors rely on intercreditor agreements to protect their interests by limiting the rights that junior lien holders would otherwise enjoy as secured creditors.
Fox Rothschild LLP
In a 28 page opinion released October 20, 2014 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court provided a thorough analysis of the ability of a debtor to reject a collective bargaining agreement pursuant to 11 U.S.C § 1113
Fox Rothschild LLP
Under Section 503(b)(9) of the Bankruptcy Code, creditors may receive administrative-expense priority for the value of goods "received" by the debtor.
Fox Rothschild LLP
Michael A. Sweet was quoted in The Guardian article, "Detroit Lawyer Closes Bankruptcy Trial: 'The City Needs All the Help It Can Get.'"
Fox Rothschild LLP
Michael Sweet was interviewed on the KCAA Morning Show regarding the latest developments in the San Bernardino bankruptcy case.
Orrick
On February 1 2013 De Nederlandsche Bank (DNB) nationalised SNS Reaal Group. The Dutch central bank used its powers under the Special Measures for Financial Corporations Interventions Act.
Fox Rothschild LLP
Detroit could be out of bankruptcy as early as three weeks from now, as Judge Steven Rhodes has said he will issue his ruling on the city’s historic Chapter 9 case the week of November 3.
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.
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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.
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:
Reed Smith
All states have adopted some form of the "attorney-client privilege" and the "work product doctrine."
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.
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.
WilmerHale
In a recent Madoff-related decision,1 the Second Circuit ruled that a bankruptcy court in a chapter 15 case must conduct an independent review of an asset sale by a foreign liquidator, previously approved by a foreign court.
Jones Day
Avoidance actions are an important source of recovery for the creditors of a bankruptcy estate.
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.
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