Searching Content indexed under Financial Restructuring by McDermott Will & Emery ordered by Published Date Descending.
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Clear As Mud: Defined Benefit Plan Liability With Facility Sales, Restructurings And Cessations
In certain cases of a facility sale, restructuring or cessation, recently released information by the Pension Benefit Guaranty Corporation (PBGC)
United States
14 Jan 2019
New IRS Rulings Should Provide Greater Certainty For Corporate Restructurings
On May 5, 2015, the Internal Revenue Service issued two long-awaited rulings, Rev. Rul. 2015-09 and Rev. Rul. 2015-10, that should ease the lives of corporate tax planners.
United States
12 May 2015
Inside M&A - Summer 2013
Inside M&A - Summer 2013
United States
26 Jul 2013
The Strategy Of Acquiring Distressed Assets By Purchasing Secured Claims Is Aided By A Recent Supreme Court Opinion
In a recent opinion, the Supreme Court unanimously affirmed a secured lender’s right to credit-bid at a bankruptcy sale of assets encumbered by such lender’s liens.
United States
7 Aug 2012
ION Media: Developments in Intercreditor Disputes
With the flood of debt-heavy capital structures created over the past decade, bankruptcy courts have been left to clean up the remnants of many failed transactions.
United States
10 Jan 2011
In Re Philadelphia Newspapers: Potential Ramifications For Secured Lenders In Debt Restructurings
The Eastern District of Pennsylvania held that secured creditors do not have a right to credit bid their claim when the sale of a debtor's assets is conducted under a plan of reorganization.
United States
8 Dec 2009
Bankruptcy Court: Parties May Not Contract Around Mutuality Requirement To Circumvent Prohibition Against Triangular Setoffs
The decision in In re SemCrude, L.P., et al. prohibiting parties from contracting around Bankruptcy Code section 553's mutuality requirement may disrupt customary business practices, including those widely used in the energy, natural gas and crude oil markets, because it rules that contracting for cross affiliate netting does not "create" the mutuality required for setoff.
United States
28 Jan 2009
Dealing With Financially Distressed Purchasers Of Goods
Sellers should be proactive in taking steps to protect themselves from a distressed buyers non-payment.
United States
26 Nov 2008
Ability To Restrict Dissolution Filings Upheld Under Delaware LLC Act
The court's decision in R&R Capital LLC indicates that sponsors of limited liability companies that feature in securitization transactions may wish to include restrictions on the ability to put such companies into bankruptcy.
United States
3 Oct 2008
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