Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Thompson Coburn LLP
In a recent decision, the U.S. Bankruptcy Court in the Northern District of Illinois strictly enforced a subordination agreement to prevent ...
Morrison & Foerster LLP
The introduction of a special insolvency regime for university education and sixth form colleges in England and Wales ("Colleges") ...
Moritt, Hock & Hamroff LLP
Moritt Hock & Hamroff counsel Theresa Driscoll takes a look at the recent Second Circuit Momentive decision and uses it to examine the importance of clarity in drafting loan documents and understanding what loan documents say, ...
Mayer Brown
In a recent decision that will be of interest to capital and structured finance market participants
Ward and Smith, P.A.
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan.
Jones Day
In Hargreaves v. Nuverra Environmental Solutions Inc. (In re Nuverra Environmental Solutions Inc.), 590 B.R. 75 (D. Del. 2018) ...
Milbank, Tweed, Hadley & McCloy LLP
Milbank represented the Official Committee of Unsecured Creditors of M&G USA Corporation and its affiliated Debtors, which comprised the "chemicals division" of Mossi & Ghisolfi S.p.A....
Pryor Cashman LLP
Pryor Cashman has been retained to represent indenture trustees in several large, recently-filed bankruptcy cases in venues across the United States.
Cadwalader, Wickersham & Taft LLP
On November 30, 2018, Judge Nelson S. Román of the United States District Court for the Southern District of New York issued a decision affirming the dismissal of certain claims brought by senior secured creditors.
Shearman & Sterling LLP
On November 8, 2018, the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") issued a decision dismissing an involuntary chapter 11 case filed against
Jones Day
On September 21, 2018, the U.S. District Court for the District of Delaware affirmed a bankruptcy court's ruling that it had the constitutional authority to grant nonconsensual third-party releases in an order ...
Shearman & Sterling LLP
Parties involved in cross-border bankruptcy/restructuring situations may be wary of the risk that repeated litigation in different courts with jurisdiction over the same debtor will result...
Jones Day
On August 20, 2018, the NBC submitted a letter to representatives of the House Subcommittee on Regulatory Reform and the House Committee on the Judiciary that proposed certain technical and substantive amendments ...
Jones Day
On October 26, 2018, the U.S. Supreme Court granted a writ of certiorari in Mission Products Holdings, Inc. v. Tempnology, LLC, No. 17-1657, 2018 WL 2939184 (U.S. Oct. 26, 2018).
Jones Day
In Bennett v. Jefferson County, Alabama, 899 F.3d 1240 (11th Cir. 2018), a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled as a matter of first impression that the doctrine of equitable mootness applies in chapter 9 cases.
Stroock & Stroock & Lavan LLP
In a recent decision in the high-profile Momentive bankruptcy cases, the United States District Court for the Southern District of New York upheld the Bankruptcy Court's dismissal of an intercreditor action brought by senior debt holders against junior debt holders.
Clyde & Co
A decision by the US District Court for the Northern District of California earlier in 2018 has potentially important implications for the future recognition of foreign insolvency proceedings in the US.
Mayer Brown
Intercreditor agreements—contracts that lay out the respective rights, obligations and priorities of different classes of creditors...
Mintz
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,' 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Caplin & Drysdale
The United States Court of Appeals for the Sixth Circuit recently examined and then clarified and set forth the test for evaluating the appealability of bankruptcy orders in an opinion released in the case Ritzen Group v. Jackson Masonry.
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Shearman & Sterling LLP
Parties involved in cross-border bankruptcy/restructuring situations may be wary of the risk that repeated litigation in different courts with jurisdiction over the same debtor will result...
Jones Day
On September 21, 2018, the U.S. District Court for the District of Delaware affirmed a bankruptcy court's ruling that it had the constitutional authority to grant nonconsensual third-party releases in an order ...
Shearman & Sterling LLP
Financial Regulatory Developments Focus.
Stroock & Stroock & Lavan LLP
In a recent decision in the high-profile Momentive bankruptcy cases, the United States District Court for the Southern District of New York upheld the Bankruptcy Court's dismissal of an intercreditor action brought by senior debt holders against junior debt holders.
Cadwalader, Wickersham & Taft LLP
On November 30, 2018, Judge Nelson S. Román of the United States District Court for the Southern District of New York issued a decision affirming the dismissal of certain claims brought by senior secured creditors.
Moritt, Hock & Hamroff LLP
Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases.
Foley Hoag LLP
Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors seeking payment ...
Pryor Cashman LLP
Courts across the United States are expected to weigh in on several key trademark law issues in 2019.
Jones Day
In Bennett v. Jefferson County, Alabama, 899 F.3d 1240 (11th Cir. 2018), a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled as a matter of first impression that the doctrine of equitable mootness applies in chapter 9 cases.
Shearman & Sterling LLP
On November 8, 2018, the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") issued a decision dismissing an involuntary chapter 11 case filed against
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