Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Jones Day
Restructuring an international group of companies in Europe continues to be challenging. While companies can transact business freely across European borders, coordination between the stakeholders...
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Thompson Coburn LLP
A series of cases decided by the federal district court in Chicago holds that a properly perfected secured creditor can waive its right of priority in collateral in favor of a judgment lien creditor...
Moritt, Hock & Hamroff LLP
The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry...
Jones Day
On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 and the Financial CHOICE Act of 2017) that would allow financial institutions...
Pryor Cashman LLP
Under the American Rule, each party to a litigation is responsible for paying its own attorney fees, unless a statute or contract provides otherwise.
WilmerHale
The answers to these questions may depend on whether the insolvent LLC or LP is in bankruptcy.
Kramer Levin Naftalis & Frankel LLP
This month's issue of Debt Dialogue addresses cases and issues of interest to investors, issuers, trustees and others, that run the gamut from structuring and issuance to bankruptcy and reorganization.
Jones Day
The Sixth Circuit Court of Appeals has recently expanded the ability of parties to appeal a bankruptcy court's approval of a sale of assets notwithstanding the statutory mootness rule...
Jones Day
In Weisfelner v. Blavatnik (In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company...
Jones Day
Among the required elements of a claim to avoid a preferential transfer under section 547(b) of the Bankruptcy Code is that, if the creditor-transferee were permitted to retain a pre-bankruptcy payment...
Kramer Levin Naftalis & Frankel LLP
"Code Red: Healthcare Restructurings on the Rise," by Corporate Restructuring and Bankruptcy partner Adam C. Rogoff, special counsel Anupama Yerramalli and associate Priya K. Baranpuria...
Jones Day
If a foreign debtor is eligible to file for bankruptcy protection in the U.S., the debtor's foreign representative may, under certain circumstances, have the power to avoid and recover...
Kramer Levin Naftalis & Frankel LLP
The Supreme Court has granted certiorari in Merit Management Group L.P. v. FTI Consulting Inc. to resolve a circuit split over the interpretation of Section 546(e) of the Bankruptcy Code, ...
Jones Day
On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit.
Jones Day
In bankruptcy cases under chapter 11, debtors sometimes opt for a "structured dismissal" when a consensual plan of reorganization or liquidation cannot be reached or conversion to chapter 7...
Moritt, Hock & Hamroff LLP
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
Parker Poe
The United States Supreme Court issued a ruling Monday resolving the question of whether filing a proof of claim for a debt that is time-barred by the statute of limitations is a violation of the FDCPA.
Troutman Sanders LLP
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
Jones Day
On February 1, 2017, the Supreme Court of Singapore and the U.S. Bankruptcy Court for the District of Delaware announced that they had formally implemented Guidelines for Communication...
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Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
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 . . .
Kramer Levin Naftalis & Frankel LLP
The Supreme Court has granted certiorari in Merit Management Group L.P. v. FTI Consulting Inc. to resolve a circuit split over the interpretation of Section 546(e) of the Bankruptcy Code, ...
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Jones Day
In Weisfelner v. Blavatnik (In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company...
Pryor Cashman LLP
Under the American Rule, each party to a litigation is responsible for paying its own attorney fees, unless a statute or contract provides otherwise.
Jones Day
In bankruptcy cases under chapter 11, debtors sometimes opt for a "structured dismissal" when a consensual plan of reorganization or liquidation cannot be reached or conversion to chapter 7...
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
What should you do when you receive a check from a customer for an amount less than your total claim, but the check is marked with a "payment in full" or similar restrictive notation?
Jones Day
On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit.
BakerHostetler
This week, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017), holding that a debt collector does not violate the FDCPA...
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