Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Jones Day
The final text of the EGI Model Law is expected to be published at the end of 2019, after which it can be implemented.
Gibson, Dunn & Crutcher
A recent bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower, notwithstanding the Second Circuit's 2017 decision in Momentive.
Dickinson Wright PLLC
Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden.
Cadwalader, Wickersham & Taft LLP
On March 18, 2019, the U.S. Bankruptcy Court of the Southern District of New York enforced a mortgage lender's claim for a prepayment premium ...
Arnold & Porter
On March 6, 2019, Rep. Cheri Bustos (D-IL) introduced the No Bonuses in Bankruptcy Act of 2019 (H.R. 1557) "[t]o amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals ...
Jones Day
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, ...
Gibson, Dunn & Crutcher
A recent bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower
Orrick
In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court's dismissal of a purported shareholder's appeal challenging the chapter 15 recognition
Hogan Lovells
In In re 1141 Realty Owner LLC, et al., No. 18-12341 (SMB), 2019 WL 1270818 (Bankr. S.D.N.Y. March 18, 2019), Bankruptcy Judge Stuart M. Bernstein of the U.S
Cadwalader, Wickersham & Taft LLP
On March 18, 2019, Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York issued a decision enforcing a mortgage lender's claim ...
Orrick
On 11 January 2019, the Council of Ministers approved the text of the legislative decree containing the new code of corporate distress [1] and insolvency (the "Insolvency Code").
Cooley LLP
As discussed in an earlier post called "Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2019.
Foley & Lardner
While the economy overall is strong and vehicle sales are still robust, there are risks in the industry that may affect the supply chain and cause disruptions throughout the year.
Kramer Levin Naftalis & Frankel LLP
Narrowly tailored credit events have emerged as one of the most controversial opportunistic CDS strategies in recent years.
Gibson, Dunn & Crutcher
The Supreme Court's watershed Stern v. Marshall decision altered the division of labor between bankruptcy courts and district courts, establishing that bankruptcy courts lacked authority under Article III...
Hogan Lovells
Foreign reorganization enforced in New York on international comity grounds
Hogan Lovells
The transactions in question involved a process whereby Madoff Securities, a U.S. entity, received requests from feeder fund investors wishing to withdraw their capital.
Mayer Brown
A repurchase facility ("Repurchase Facility") is a financing arrangement pursuant to which a bank or other credit institution (a "Buyer") provides liquidity to an entity that originates
Thompson Coburn LLP
The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.
Jones Day
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
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Gibson, Dunn & Crutcher
The Supreme Court's watershed Stern v. Marshall decision altered the division of labor between bankruptcy courts and district courts, establishing that bankruptcy courts lacked authority under Article III...
Hunton Andrews Kurth LLP
In 2017, the Supreme Court held that a company that collects charged-off debts that it purchases for its own account does not qualify as a "debt collector" under one definition
Jones Day
On March 6, 2019, ISDA published proposed amendments (the "Consultation") to the Definitions to address issues relating to narrowly tailored credit events ("NTCEs").
Mayer Brown
A repurchase facility ("Repurchase Facility") is a financing arrangement pursuant to which a bank or other credit institution (a "Buyer") provides liquidity to an entity that originates
Kramer Levin Naftalis & Frankel LLP
The Bankruptcy Code provides debtors with the opportunity for a fresh start in the face of mounting financial obligations.
Hogan Lovells
The transactions in question involved a process whereby Madoff Securities, a U.S. entity, received requests from feeder fund investors wishing to withdraw their capital.
Jones Day
Rumors of another recession multiplied as the tumultuous second year of the Trump administration came to a close.
Ward and Smith, P.A.
Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use
Morrison & Foerster LLP
The Court of Appeal of England and Wales ("CA") made a significant ruling on two matters affecting the powers and duties of directors of English companies.
Jones Day
This situation highlights the unique role the DC plays in the CDS market.
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