Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Troutman Sanders LLP
The Northern District of Illinois recently held that a collection letter sent to a consumer's attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the "competent lawyer" standard.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
It may be hard to believe, but it's been 22 years since California became the first state to permit the legal use of medical marijuana.
Kramer Levin Naftalis & Frankel LLP
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
Kramer Levin Naftalis & Frankel LLP
The Brodskis sued, claiming that Arctic Glacier owed them the dividend.
Kramer Levin Naftalis & Frankel LLP
This decision is based upon a series of bankruptcy cases involving OnSite.
Duff and Phelps
In 2018, we have seen a number of high-profile retail restructurings and common to many is the use of a Company Voluntary Arrangement (CVA).
Squire Patton Boggs LLP
Last month, the Eleventh Circuit Court of Appeals clarified the circumstances under which a creditor can assert a "new value" defense ...
Squire Patton Boggs LLP
We have discussed plan releases in prior posts. Oftentimes, disputes involving plan releases revolve around whether, and in what contexts ...
Lewis Roca Rothgerber Christie LLP
The Court later held that bankruptcy courts could utilize the non-core procedure for submitting proposed findings of fact and conclusions of law to the district court in Stern-type cases.
Lewis Roca Rothgerber Christie LLP
Practical Effects of the Supreme Court's Decision Relating to Secured Creditors.
Patterson Belknap Webb & Tyler LLP
By the 1990s a degree of stability had been achieved, although maintained, it seemed at times, by paper clips and chewing gum.
Duane Morris LLP
In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced ...
Patterson Belknap Webb & Tyler LLP
When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor's property. 11 U.S.C. § 362(a).
Shearman & Sterling LLP
Partner Fredric Sosnick (New York-Financial Restructuring & Insolvency) has just released the latest issue of Financially Distressed Companies Answer Book 2019 for the Practising Law Institute (PLI).
Patterson Belknap Webb & Tyler LLP
The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case.
Hogan Lovells
US federal banking regulations that go into effect next year require certain major financial institutions to ensure that their qualified financial contracts (QFCs).
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Sears (Sears Holdings Corporation) filed for bankruptcy protection under Chapter 11 in the Southern District of New York on Monday.
Shearman & Sterling LLP
On September 21, 2018, the United States District Court for the District of Delaware issued a decision holding that the Bankruptcy Court had constitutional authority to approve the nonconsensual...
Patterson Belknap Webb & Tyler LLP
Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability.
Jones Day
In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral.
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Dentons
On October 10, 2018, the Treasury Department, as chair of the Committee on Foreign Investment in the United States, issued interim regulations implementing certain mandatory review provisions of the Foreign Investment Risk Review Management Act ...
Jones Day
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
Jones Day
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate charter ...
Jones Day
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers.
Patterson Belknap Webb & Tyler LLP
The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case.
Moritt, Hock & Hamroff LLP
Tax advisers have been struggling all year with how to best guide high-net-worth and business clients seeking to capture the benefit of the federal tax reform, especially its lower rates and greatly enlarged unified estate and gift exemption amount.
Jones Day
In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court
Hogan Lovells
US federal banking regulations that go into effect next year require certain major financial institutions to ensure that their qualified financial contracts (QFCs).
Morrison & Foerster LLP
This month's round-up covers a slew of interesting bid protests from the Government Accountability Office
Shearman & Sterling LLP
On September 21, 2018, the United States District Court for the District of Delaware issued a decision holding that the Bankruptcy Court had constitutional authority to approve the nonconsensual...
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