Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Mayer Brown ordered by Published Date Descending.
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Benefits Of Protected Contracts: Utilizing Repurchase Facilities And Securities Contracts As An Alternative To Standard Lending Arrangements
In addition, Repurchase Facilities are usually treated as loans for accounting and tax purposes by sellers and buyers.
United States
23 Aug 2019
US Bankruptcy Fee Flip: Legal Expenses For Unsecured Creditors; Considerations For Lenders And Administrative Agents
Pacific Gas and Electric Company's Chapter 11 filing earlier this year has highlighted an issue that is well settled but sometimes overlooked:
United States
16 Aug 2019
Consignments: The Sports Authority Cases, Article 9 and the PEB
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge
United States
13 Aug 2019
The Council Of The Federal Justice Recommends That Financial Penalties Imposed Under The Clean Company Act (Law No. 12,846/2013) Are Not Transferred To The Purchaser Of Assets In Court-Supervised Reorganization Proceedings
At the III Commercial Law Conference held on June 7, 2019, the Council of the Federal Justice approved Precedent No. 104, according to which there will be no transfer of liabilities regarding
United States
5 Jul 2019
‘Aegean Marine': Non-Consensual Releases In Bankruptcy
Chapter 11 of the U.S. Bankruptcy Code offers distressed companies the opportunity for a fresh start through a courtapproved plan of reorganization.
United States
27 Jun 2019
Not So Distant Ripples In The Pond: The Supreme Courts Tempnology Decision And Equipment Leasing
On May 20, 2019, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657.
United States
6 Jun 2019
Trademark Licensee May Continue Using Trademark Following Debtor's Rejection Of License Agreement, US Supreme Court Rules
Yesterday, in an 8-1 decision, the US Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC1 that under Section 365 of the Bankruptcy Code...
United States
5 Jun 2019
Debtor Is A Financial Institution For Purposes Of Settlement Payment Safe Harbor, Rules Southern District Of New York
On April 23, 2019, the United States District Court for the Southern District of New York, in fraudulent transfer litigation arising out of the 2007 leveraged buyout of the Tribune Company,
United States
27 May 2019
Statutory Protections Against The Unauthorized Release Of Capital Commitments In A Subscription Credit Facility
The market for subscription-backed credit facilities, also known as "capital call" or "capital commitment" facilities ("Subscription Facilities"), was recently unsettled.
United States
5 Apr 2019
101: Repurchase Facilities To Finance Mortgage Loans
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
United States
21 Mar 2019
Infocast's Wind Finance & Investment Summit Soundbites
Below are soundbites from panelists who spoke at Infocast's Wind Finance & Investment Summit on February 6 and 7 in Carlsbad, CA.
United States
8 Mar 2019
Are Power Purchase And Similar Agreements Excluded From The Automatic Stay Under The Safe Harbor For Forward Contracts? Recent US Utility Bankruptcies Raise This And Other Important Questions
Both the First Energy Solutions and PG&E bankruptcies have seen proceedings regarding power purchase and similar agreements (PPAs) that raise this question.
United States
7 Mar 2019
FERC Clarifies Its Concurrent Jurisdiction With Regard To Bankruptcy Filings That Seek To Reject Power Purchase Agreements
On January 25, 2019, the US Federal Energy Regulatory Commission issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements.
United States
1 Feb 2019
Into The Void (Again): PG&E Intends To Enter Bankruptcy Proceedings – Possible Consequences For Renewable PPAs
After months of speculation, it is now official1: PG&E (both the parent, PG&E Corporation, and its subsidiary, Pacific Gas & Electric Company), having faced extraordinary challenges ...
United States
29 Jan 2019
Bankruptcy Court Turns Down Attempt To Circumvent CDO Liquidation Procedure
In a recent decision that will be of interest to capital and structured finance market participants
United States
21 Jan 2019
Intercreditor Agreements After Momentive: When A Hindrance Is Not A "Hindrance"
Intercreditor agreements—contracts that lay out the respective rights, obligations and priorities of different classes of creditors...
United States
18 Dec 2018
Supreme Court Docket Report - June 27, 2017
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
United States
4 Jul 2017
Supreme Court Addresses FDCPA/Time-Barred Debts and Preemption/Arbitration
Today, the Supreme Court held that a debt collector does not violate the Fair Debt Collections Practices Act (FDCPA) by knowingly attempting to collect a debt in bankruptcy proceedings...
United States
16 May 2017
Supreme Court Docket Report - May 1, 2017
Today, the Supreme Court granted certiorari in two cases of interest to the business community: Separation of Powers—Authority of Congress to Target Specific Lawsuits + Bankruptcy Code—Safe-Harbor Transfers to Financial Institutions
United States
1 May 2017
Bankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It
A bankruptcy judge in the Eastern District of California recently issued a decision that is sure to raise appellate eyebrows.
United States
20 Apr 2017
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