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1
Business Restructuring Review July-August 2019
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
United States
19 Sep 2019
2
From The Top In Brief - August 2019
On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy.
United States
12 Sep 2019
3
The Turf War Between The Bankruptcy Courts And FERC Escalates
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp.
United States
12 Sep 2019
4
The Fifth Circuit Rules That A Make-Whole Premium Is Unmatured Interest Generally Disallowed In Bankruptcy
In In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit ruled that a "make-whole," or "prepayment," premium owed on unsecured notes.
United States
12 Sep 2019
5
Foreign Debtor's COMI Shift Dooms Bid For Chapter 15 Recognition
In In re O'Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee.
United States
11 Sep 2019
6
The U.S. Supreme Court Rules That Rejection Of A Trademark License Agreement In Bankruptcy Does Not Strip The Licensee Of Its Right To Use The Trademark
In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement.
United States
11 Sep 2019
7
Washington District Court Overturns Approval Of Third-Party Releases In A Settlement Agreement And Related Free-And-Clear Sale
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans.
United States
11 Sep 2019
8
In Brief: On Remand, Momentive Bankruptcy Court Rules That Cramdown Notes Should Bear "Process Efficient" Market Interest Rate
In doing so, the Second Circuit explained that exposure to the market is the best determinant of value.
United States
15 Jul 2019
9
From the Top In Brief: Nonjudicial Foreclosure Not Regulated By The FDCPA
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
United States
21 Jun 2019
10
Fourth Circuit Bolsters Claims For Postpetition Attorney's Fees Incurred By Unsecured Or Undersecured Creditors
In SummitBridge Nat'l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney's fees ...
United States
21 Jun 2019
11
Second Circuit Rules that Bankruptcy Code's Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees
Several bankruptcy and appellate courts have addressed this issue in recent years, with inconsistent results.
United States
21 Jun 2019
12
"Rejection" Of A Trademark License In Bankruptcy Is A Breach, Not A Rescission
Bankruptcy protection under Section 365 does not give brand owners/debtor-licensors the unilateral right to rescind trademark licensing agreements.
United States
31 May 2019
13
QFC Resolution Stay Regulations: Not Just For Derivatives
The Resolution Stay Regulations require GSIBs to amend or otherwise remediate a wide range of financial contracts and are reaching into potentially unexpected corners of the markets.
United States
21 May 2019
14
Proposed UNCITRAL Model Law on Enterprise Group Insolvency
The final text of the EGI Model Law is expected to be published at the end of 2019, after which it can be implemented.
United States
17 Apr 2019
15
International Legislative Update: Italian Bankruptcy Reforms
With certain exceptions, the CDI will enter into force on August 14, 2020, unless amended by the Italian Parliament prior to the effective date.
Worldwide
17 Apr 2019
16
Bankruptcy Court In Chapter 15 Case Refuses To Extend Comity To Gibbs Rule In Enforcing Croatian Settlement Modifying English-Law Debt
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
Worldwide
15 Apr 2019
17
Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt
In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, ...
United States
15 Apr 2019
18
ISDA's CDS Consultation: A Potential Fix For Narrowly Tailored Credit Events
On March 6, 2019, ISDA published proposed amendments (the "Consultation") to the Definitions to address issues relating to narrowly tailored credit events ("NTCEs").
United States
20 Mar 2019
19
UK's Proposed Corporate Restructuring Regime Follows European-Style Chapter 11 And Debtor-In-Possession Trend
This Jones Day White Paper reviews the proposals and explains the possible next steps towards implementation.
UK
13 Mar 2019
20
Windstream: When A Credit Derivatives Determinations Committee And A Court Disagree
This situation highlights the unique role the DC plays in the CDS market.
United States
12 Mar 2019
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