Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Hughes Hubbard & Reed LLP
What happens when property that a trustee wants to sell in a section 363 sale is subject to unexpired leases that the trustee is empowered to reject under section 365(h)?
Kramer Levin Naftalis & Frankel LLP
Judge Bernstein first addressed whether the non-voting creditors should be deemed to have consented to the Plan's release provisions.
Stites & Harbison PLLC
What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney's fees at every possible opportunity?
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Adam C. Rogoff joined Debtwire's Richard Goldman for a podcast discussion on the makewhole premium and replacement note interest rate...
Carlton Fields
On October 30, 2017 the Southern District of New York rejected MF Global Holdings' latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute...
Jones Day
In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority ...
Jones Day
In In re Ultra Petroleum Corp., 2017 BL 335015 (Bankr. S.D. Tex. Sept. 21, 2017), the U.S. Bankruptcy Court for the Southern District of Texas ruled that certain private-placement noteholders ...
Jones Day
Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods ...
Jones Day
A three-judge panel of the Ninth Circuit affirmed in an unpublished ruling.
Jones Day
In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code ...
Jones Day
In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit...
Jones Day
With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency, including the U.S., ...
Hughes Hubbard & Reed LLP
An increasingly common aspect of Chapter 11 plans is non-consensual third party releases, which are often a vital tool required to obtain global peace among competing constituencies...
Stites & Harbison PLLC
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued an important decision regarding the manner in which interest must be calculated to satisfy the cramdown ...
Withers LLP
In the latest development in the long-running bankruptcy matter involving Momentive Performance Materials Inc.'s Chapter 11 reorganization plan, the U.S. Court of Appeals for the Second Circuit found that the U.S. Bankruptcy Court correctly affirmed Momentive's reorganization plan but erred in its determination as to interest rates to be applied to replacement notes issued to the company's creditors.
Hughes Hubbard & Reed LLP
On August 10, 2017, the Supreme Court dismissed the writ of certiorari in PEM Entities LLC v. Levin as improvidently granted. See No. 16-492, 2017 WL 3429146, at *1 (U.S. Aug. 10, 2017).
Duane Morris LLP
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
Thompson Coburn LLP
In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017.
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Carlton Fields
On October 30, 2017 the Southern District of New York rejected MF Global Holdings' latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute...
Stites & Harbison PLLC
What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney's fees at every possible opportunity?
Jones Day
Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods ...
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
Stites & Harbison PLLC
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
Jones Day
In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority ...
Jones Day
In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit...
Duane Morris LLP
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
Jones Day
In In re Ultra Petroleum Corp., 2017 BL 335015 (Bankr. S.D. Tex. Sept. 21, 2017), the U.S. Bankruptcy Court for the Southern District of Texas ruled that certain private-placement noteholders ...
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