Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Miles & Stockbridge
On January 8, 2018, Senators John Cornyn (R., Texas) and Elizabeth Warren (D., Massachusetts) introduced a bill that, if passed, would require companies ...
Kramer Levin Naftalis & Frankel LLP
Involuntary bankruptcy cases can be a powerful tool for creditors, and this decision raises the bar for use.
Poyner Spruill LLP
Do you want to own that rural timberland you financed a few years back? Well, what if I told you that not only are you taking ownership, but you're taking it in exchange for a credit of three times its appraised value?
Kramer Levin Naftalis & Frankel LLP
Addressing an issue of first impression in the Eleventh Circuit, the Court in Mantiply v. Horne (In re Horne), recently held that section 362(k)(1) of the Bankruptcy Code authorizes payment...
Thompson Coburn LLP
In a blow to certain distressed companies, the Tax Cuts and Jobs Act of 2017 eliminates the ability of taxpayers to carry back net operating losses ("NOLs") ...
Carlton Fields
A group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America ("ROA").
Hughes Hubbard & Reed LLP
What happens when property that a trustee wants to sell in a section 363 sale is subject to unexpired leases that the trustee is empowered to reject under section 365(h)?
Kramer Levin Naftalis & Frankel LLP
Judge Bernstein first addressed whether the non-voting creditors should be deemed to have consented to the Plan's release provisions.
Stites & Harbison PLLC
What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney's fees at every possible opportunity?
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Adam C. Rogoff joined Debtwire's Richard Goldman for a podcast discussion on the makewhole premium and replacement note interest rate...
Carlton Fields
On October 30, 2017 the Southern District of New York rejected MF Global Holdings' latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute...
Jones Day
In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority ...
Jones Day
In In re Ultra Petroleum Corp., 2017 BL 335015 (Bankr. S.D. Tex. Sept. 21, 2017), the U.S. Bankruptcy Court for the Southern District of Texas ruled that certain private-placement noteholders ...
Jones Day
Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods ...
Jones Day
A three-judge panel of the Ninth Circuit affirmed in an unpublished ruling.
Jones Day
In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code ...
Jones Day
In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit...
Jones Day
With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency, including the U.S., ...
Hughes Hubbard & Reed LLP
An increasingly common aspect of Chapter 11 plans is non-consensual third party releases, which are often a vital tool required to obtain global peace among competing constituencies...
Jones Day
While proposing the plan, the debtor is entitled to certain protections against involuntary bankruptcy petitions and other adverse creditor actions, albeit for a period of four months maximum.
Most Popular Recent Articles
Seyfarth Shaw LLP
In a recent article, senior officials with the Department of Justice's Office of the United States Trustee (the "UST"), the federal government's watchdog of the bankruptcy system ...
Thompson Coburn LLP
In a blow to certain distressed companies, the Tax Cuts and Jobs Act of 2017 eliminates the ability of taxpayers to carry back net operating losses ("NOLs") ...
Carlton Fields
A group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America ("ROA").
Stites & Harbison PLLC
A single petitioning creditor initiated the case of In re Zenga based on the putative debtors' responses to interrogatories which identified 10 creditors.
Jones Day
While proposing the plan, the debtor is entitled to certain protections against involuntary bankruptcy petitions and other adverse creditor actions, albeit for a period of four months maximum.
Miles & Stockbridge
On January 8, 2018, Senators John Cornyn (R., Texas) and Elizabeth Warren (D., Massachusetts) introduced a bill that, if passed, would require companies ...
Kramer Levin Naftalis & Frankel LLP
Involuntary bankruptcy cases can be a powerful tool for creditors, and this decision raises the bar for use.
Kramer Levin Naftalis & Frankel LLP
Addressing an issue of first impression in the Eleventh Circuit, the Court in Mantiply v. Horne (In re Horne), recently held that section 362(k)(1) of the Bankruptcy Code authorizes payment...
Poyner Spruill LLP
Do you want to own that rural timberland you financed a few years back? Well, what if I told you that not only are you taking ownership, but you're taking it in exchange for a credit of three times its appraised value?
Jones Day
With one exception, the Top 10 List of "public company" (defined as a company with publicly traded stock or debt) bankruptcies of 2016 consisted entirely of energy companies . . .
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