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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Arnold & Porter ordered by Published Date Descending.
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Tribune Media—Important Developments In Bankruptcy Safe Harbor Protections
The U.S. District Court for the Southern District of New York recently issued an important decision addressing the applicability of the Section 546(e)
United States
16 Sep 2019
2
Trademark Licensees May No Longer Need To Fear Rejection (In Bankruptcy)
In Mission Prod. Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court issued an opinion at the intersection of trademark and bankruptcy law.
United States
23 Aug 2019
3
Who Controls The Privilege In A Chapter 11 Liquidation Proceeding?
This is an area that is still developing, and independent committees and their professionals should continue to follow the cases arising in this area of the law.
United States
16 Jul 2019
4
Ninth Circuit Interprets Section 1129(a)(3) Of The Bankruptcy Code, Affirming The Plan Of Reorganization For A Lessor Of Property Used To Grow Marijuana
One of the debtor real estate holding companies leased property to a company that used the property to grow marijuana.
United States
20 Jun 2019
5
Delaware Court Rules That Trustee Acting For Creditors Of An LLC Or LP Cannot Assert Breach Of Duty Claims
The Trustee succeeded to the Committee as plaintiff in the breach of fiduciary duty case.
United States
29 May 2019
6
Supreme Court: Trademark Licensor's Rejection Of License Agreement In Bankruptcy Does Not Extinguish The Licensee's Right To Continue To Use The Licensed Trademark
On May 20, 2019, in Mission Prod. Holdings, Inc. v. Tempnology, LLC, the Supreme Court issued an opinion at the intersection of trademark and bankruptcy law.
United States
28 May 2019
7
Tribune Media Court Extends Safe Harbor Protections To Former Shareholders
The complaint the Trustee originally filed therefore did not include a constructive fraudulent conveyance claim.
United States
10 May 2019
8
Proposed Legislation Would Prohibit Payment Of Bonuses By A Debtor To Certain Employees
On March 6, 2019, Rep. Cheri Bustos (D-IL) introduced the No Bonuses in Bankruptcy Act of 2019 (H.R. 1557) "[t]o amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals ...
United States
15 Apr 2019
9
Fifth Circuit Calls Into Question The Allowance Of Make-Whole Payments And Post-Petition Interest At Contract (Default) Rate
On January 17, 2019, the Fifth Circuit Court of Appeals (Appellate Court) overruled the decision of the United States Bankruptcy Court for the Southern District of Texas (Bankruptcy Court)
United States
13 Feb 2019
10
How To Comply With Qualified Financial Contract Rules
In the fall of 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency promulgated new rules...
United States
5 Feb 2019
11
FTC Approves Corpus Christi Polymers Joint Venture With Conduct Remedies
The FTC's December 21, 2018 conditional approval of the acquisition of a partly constructed resin plant out of bankruptcy by a consortia of three competitors ...
United States
25 Jan 2019
12
QFC Rules And ISDA 2018 US Resolution Stay Protocol
In the fall of 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency ...
United States
15 Jan 2019
13
Ninth Circuit Upholds Lender's Defensive Purchase Of Blocking Position In Junior Debt To Protect Existing Claim
In a decision of significance for secured lenders, the Ninth Circuit recently affirmed a lender's ability to purchase a "blocking position" in junior debt to prevent confirmation of a "cramdown" plan.
United States
4 Jul 2018
14
MDL Update: This Month At The Panel - May 2017
The following recent developments at the Judicial Panel on Multidistrict Litigation provide some practical pointers when facing litigation in multiple jurisdictions.
United States
12 Jun 2017
15
Supreme Court Bans Use Of "Structured Dismissals" To Circumvent Bankruptcy Code's Priority Scheme
On March 22, 2017, the United States Supreme Court issued its widely-anticipated decision in Czyzewski v. Jevic Holding Corp., 580 U.S. ___ (2017).
United States
28 Mar 2017
16
New LSTA Par/Near Par Delayed Compensation Regime
Going forward, a buyer under an LSTA par/near par loan trade is not always entitled to delayed compensation.
United States
31 Aug 2016
17
Distressed Coal—Will The Cycle Ever Turn?
In addition to the employee and retiree obligations and regulations that need to be considered when dealing with the restructuring of any corporation, coal mining companies are subject to additional healthcare obligations...
United States
15 Feb 2016
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