Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Troutman Sanders LLP
In January 2017, a bill was introduced in the New York State Assembly to repeal New York's version of the UFCA and replace it with the UVTA, adopted by the Uniform Law Commission in 2014.
Carlton Fields
Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011.
Burns & Levinson LLP
When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business.
Stites & Harbison PLLC
The appeal challenged the validity and priority of the respective liens.
Kutak Rock LLP
Many "all assets" UCC financing statements contain language in the collateral description which expands upon, illustrates or explains that "all assets" means all of a debtor's assets.
Kramer Levin Naftalis & Frankel LLP
This month's issue of Debt Dialogue addresses the Second Circuit's recent Marblegate decision, the controversy generated by last year's Cash American decision, and payment of indenture trustee fees...
Hughes Hubbard & Reed LLP
The court's decision curtails the ability of non-debtors to conduct so-called "fishing expeditions," which have become increasingly costly with the spread of requests for electronically stored information...
Carlton Fields
The Middle District of Florida recently denied a plaintiff's motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence...
Cadwalader, Wickersham & Taft LLP
The Financial Stability Board ("FSB") requested comments on draft guidance for effective resolution of central counterparties ("CCPs").
Troutman Sanders LLP
The Sixth Circuit held that a bank does not have "dominion and control" over funds deposited at the bank that its borrower later withdrew or the government seized
BakerHostetler
While out-of-court restructurings can help companies in need, they can negatively impact minority bondholders.
Sedgwick LLP
In 2005, Congress amended the Bankruptcy Code to address privacy concerns in connection with sales of customer data in bankruptcy cases.
BakerHostetler
The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to curing and reinstating such promissory note...
Stites & Harbison PLLC
A single petitioning creditor initiated the case of In re Zenga based on the putative debtors' responses to interrogatories which identified 10 creditors.
Lewis Roca Rothgerber Christie LLP
On Thursday, February 16, 2017, the Delaware bankruptcy judge overseeing the Energy Future Holdings Corp. Chapter 11 bankruptcy, stated that the most recent plan for emergence from Chapter 11 met the standards for confirmation.
Stites & Harbison PLLC
Last week in Macy v. GC Services, the United States District Court for the Western District of Kentucky certified a class action involving the Fair Debt Collection Practices Act ("FDCPA").
Hughes Hubbard & Reed LLP
A recent decision in the Bankruptcy Court for the District of Delaware explored the limits of mandatory subordination under section 510(b) of the Bankruptcy Code.
Fox Rothschild LLP
Earlier this month, the U.S. Bankruptcy Court for the District of Delaware released an update to the Local Rules for the United States Bankruptcy Court District of Delaware (Effective February 1, 2017).
Herrick, Feinstein LLP
The Court of Appeals for the Second Circuit issued an important ruling on January 17, 2017, in Marblegate Asset Management, LLC v, Education Management Finance Corp.,1...
Fox Rothschild LLP
In the recent decision of Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.), 2017 WL 75750 (Bankr. S.D.N.Y. Jan. 9, 2017), the United States Bankruptcy Court for the Southern District of New York . . .
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Milbank, Tweed, Hadley & McCloy LLP
On January 6, Avanti Communications (Avanti) announced that its financial restructuring plan was approved by 91.85% of its bondholders, clearing the 90% threshold required for the plan to be executed.
Jones Day
With one exception, the Top 10 List of "public company" (defined as a company with publicly traded stock or debt) bankruptcies of 2016 consisted entirely of energy companies . . .
Sedgwick LLP
In 2005, Congress amended the Bankruptcy Code to address privacy concerns in connection with sales of customer data in bankruptcy cases.
Hughes Hubbard & Reed LLP
The court's decision curtails the ability of non-debtors to conduct so-called "fishing expeditions," which have become increasingly costly with the spread of requests for electronically stored information...
BakerHostetler
While out-of-court restructurings can help companies in need, they can negatively impact minority bondholders.
BakerHostetler
Welcome to the 2016 Year-End Report from BakerHostetler's Financial Services Industry Team
Jones Day
EFH proposed to refinance first-and second-lien notes without paying "make-whole" premiums provided for in the governing indentures designed to compensate the noteholders for early repayment of their notes.
Cadwalader, Wickersham & Taft LLP
In a recent brief, the Office of Financial Research ("OFR") proposed a framework for stress testing central counterparty ("CCP") resilience in the face of losses due to the defaults of clearing members.
Troutman Sanders LLP
The United States District Court for the Southern District of California recently dismissed all of a plaintiff's claims in the putative class action Matthew Stuppiello v. Southwest Credit Systems, L.P.
Stites & Harbison PLLC
The appeal challenged the validity and priority of the respective liens.
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