Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Caplin & Drysdale
Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case...
Jones Day
The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions ...
Jones Day
In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code ...
Fredrikson & Byron, P.A.
In a February 2018 ruling, the United States Supreme Court narrowed one of the safe harbors for fraudulent transfer and other avoidance actions.
Jones Day
In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark...
Jones Day
It argued that the buyer of the claim was also disqualified from voting on the plan as a nonstatutory insider.
Jones Day
Instead, the relevant inquiry is whether the transferor or the transferee in the transaction whose avoidance is sought is itself a financial institution.
Shearman & Sterling LLP
The parent company, Frigoglass S.A.I.C. (the "Parent") is incorporated in Greece and listed on the Athens Stock Exchange; it has subsidiaries in various EU countries and elsewhere in the world, but not in the UK.
Womble Bond Dickinson
Questions abound surrounding iHeartMedia's voluntary Chapter 11 bankruptcy filing.
Kramer Levin Naftalis & Frankel LLP
The article examines the recent Ninth Circuit ruling in Transwest, which held that 11 U.S.C. § 1129 (a)(10) should be interpreted on a "per-plan" basis, meaning that only one impaired accepting class...
Kramer Levin Naftalis & Frankel LLP
In the August 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York with respect to claims brought by the litigation trust...
Archer & Greiner P.C.
The case is believed to be the first case considering contested recognition of a Hong Kong voluntary liquidation.
BakerHostetler
On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law.
Seyfarth Shaw LLP
Is your guaranty restricted or continuing? A continuing guaranty gives rise to divisible individual transactions, while a restricted guaranty­—one that concerns a contemplated and specified extension of credit—
Caplin & Drysdale
On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations ...
Nelson Mullins Riley & Scarborough LLP
Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: the Jevic Files.
Dentons
Creditors and anyone seeking recognition of foreign insolvency proceedings in Singapore should consider how the presence of an injunction or an adverse court order may affect the chances...
Withers LLP
In the case, Valley View Downs, LP agreed to purchase all of Bedford Downs' stock for $55 million.
Caplin & Drysdale
The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with "avoidance powers" that allow them to set aside and recover certain transfers that a debtor made before filing for bankruptcy.
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Jones Day
In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark...
Shearman & Sterling LLP
The parent company, Frigoglass S.A.I.C. (the "Parent") is incorporated in Greece and listed on the Athens Stock Exchange; it has subsidiaries in various EU countries and elsewhere in the world, but not in the UK.
Jones Day
The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
King & Spalding LLP
It has been a rough three years in the energy sector. We all witnessed the precipitous decline in oil and gas prices and the wide-spread carnage that followed.
Kramer Levin Naftalis & Frankel LLP
In the August 2017 issue of Debt Dialogue, we discussed the recent decision by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York with respect to claims brought by the litigation trust...
Jones Day
Instead, the relevant inquiry is whether the transferor or the transferee in the transaction whose avoidance is sought is itself a financial institution.
Womble Bond Dickinson
Questions abound surrounding iHeartMedia's voluntary Chapter 11 bankruptcy filing.
Kramer Levin Naftalis & Frankel LLP
The article examines the recent Ninth Circuit ruling in Transwest, which held that 11 U.S.C. § 1129 (a)(10) should be interpreted on a "per-plan" basis, meaning that only one impaired accepting class...
Fredrikson & Byron, P.A.
The choice of a chapter 11 operating trustee can provoke a fight.
Caplin & Drysdale
Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case...
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