Worldwide: Financial Restructuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
The New Jersey Appellate Division Clarifies The Scope Of The UFTA
The New Jersey Appellate Division recently clarified critical aspects of the Uniform Fraudulent Transfer Act (UFTA) in a complex intra-family property dispute involving multiple transfers and mortgage liens. The court addressed when the UFTA can be invoked to void transfers, the enforceability of mortgages lacking promissory notes, and whether revoked LLCs can still enforce their security interests.
United States Insolvency
RD
Riker Danzig LLP
Article
U.S. Bankruptcy Court Cracks Open Door For Canadian Cannabis Restructurings
A federal bankruptcy court in Delaware has made a groundbreaking decision by recognizing a foreign insolvency proceeding for a cannabis company, marking the first time a U.S. federal court has acknowledged such proceedings despite marijuana's continued federal prohibition. This development opens new restructuring pathways for distressed cannabis operators who were previously limited to state-law remedies like receiverships and out-of-court restructuring.
United States Cannabis
DM
Duane Morris LLP
Article
Southern District Of Texas Clarifies Post-Purdue Course For Consensual Third-Party Releases And Gatekeeping Provisions
The Southern District of Texas addresses critical questions left open by the Supreme Court's Purdue decision regarding consensual third-party releases in bankruptcy plans. The court establishes when opt-out mechanisms suffice for creditor consent and clarifies the permissible scope of gatekeeping provisions that restrict litigation against non-debtor parties in Chapter 11 reorganizations.
United States Insolvency
JD
Jones Day
Article
Delaware Bankruptcy Court: Initial Transferee Need Not Be Defendant in Fraudulent Transfer Avoidance and Recovery Litigation
A Delaware bankruptcy court has ruled that trustees can pursue fraudulent transfer recovery from subsequent transferees without naming the initial transferee as a defendant, though they must still prove the initial transfer was avoidable. This decision resolves a circuit split by adopting the majority view that treats avoidance as an element of liability rather than a prerequisite action, potentially streamlining bankruptcy litigation and estate recovery efforts.
United States Insolvency
JD
Jones Day
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