Bankruptcy Law and Insolvency Law

The Ninth Circuit Bankruptcy Appellate Panel (BAP or Panel) addressed an issue of first impression and held that California state laws that automatically stripped a general partner of its management...

A U.S. Bankruptcy Court has awarded $261.13 million in damages plus six years of prejudgment interest against participating lenders in Serta's 2020 uptier transaction, marking the first successful court challenge to a common liability management exercise. The ruling found that privately negotiated debt exchanges do not qualify as "open market purchases" and that lenders breached pro rata sharing provisions by receiving payments without offering participation to all lenders. This precedent-setting decision r

A U.S. Bankruptcy Court has ruled that participants in Serta Simmons' 2020 uptier transaction breached their credit agreement's pro rata sharing provision by receiving new first-lien second-out debt without...

A U.S. Bankruptcy Court has ruled that participants in Serta Simmons' 2020 uptier transaction breached their credit agreement's pro rata sharing provision by receiving new first-lien second-out debt without...

The US flat-rolled steel market reveals a critical disconnect between production capacity and actual material availability, creating unexpected financial pressures for industrial manufacturers. As hot-rolled coil constraints intensify due to trade policy shifts and infrastructure demands, procurement challenges are rapidly transforming into enterprise value issues that extend far beyond the purchasing department. Manufacturing leaders must now recognize that steel availability serves as an early warning sys

California practitioners navigating residential foreclosures should take note of a significant new decision from the Ninth Circuit Bankruptcy Appellate Panel.