Mondaq USA: Insolvency/Bankruptcy/Re-structuring > Financial Restructuring
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy associate Mark Chass's article, "Takeaways From Cumulus Media Refinancing Ruling," appeared in Law360's Expert Analysis column on May 8, 2017.
Shearman & Sterling LLP
On 17 January 2017, the federal appeals court based in New York held that the prohibition in the Trust Indenture Act of 1939 on impairing a bondholder's right "to receive payment" without the bond...
Stroock & Stroock & Lavan LLP
Due to a combination of factors, including a winning litigation strategy and execution thereon, noteholders represented by Stroock and Houlihan Lokey in the Foresight Energy situation...
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Thomas T. Janover and special counsel David E. Blabey, Jr.'s article "Recent Court of Appeals Case Sheds Light on Scope of Champerty Doctrine,"...
Duane Morris LLP
In Czyzewski et al. v. Jevic Holding Corp., et al., 580 U.S. __ (2017), decided on March 22, 2017, the United States Supreme Court held that a bankruptcy court cannot approve a non-consensual "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code.
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Douglas Mannal and associate Rachael Ringer's article "Avoiding Illusory Recoveries: Black-Scholes Protections for Warrants Issued Under...
Orrick
After the U.S. Supreme Court refused to grant review of the Second Circuit's May 2015 decision in Madden v. Midland concerning federal preemption of state usury rates for loans issued by a national bank...
BakerHostetler
While out-of-court restructurings can help companies in need, they can negatively impact minority bondholders.
Duane Morris LLP
Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York's decision...
Milbank, Tweed, Hadley & McCloy LLP
On January 6, Avanti Communications (Avanti) announced that its financial restructuring plan was approved by 91.85% of its bondholders, clearing the 90% threshold required for the plan to be executed.
Orrick
The 2017 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2017.
Cadwalader, Wickersham & Taft LLP
The U.S. Court of Appeals for the Second Circuit overturned the District Court decision of Marblegate Asset Management, LLC v. Education Management Corp.
Cadwalader, Wickersham & Taft LLP
Marblegate Asset Management, LLC v. Education Management Corp. provided much needed clarity to creditors and issuers involved in out-of-court restructurings affecting noteholders.
Hughes Hubbard & Reed LLP
After a 2014 decision in the Southern District of New York holding that section 316(b) of the Trust Indenture Act ("TIA") barred any non-consensual restructuring that impaired a creditor's actual ability to receive payment...
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
The tides have turned in Ober v. Town of Lauderdale-By-The-Sea as the Fourth District Court of Appeal recently reversed its decision and revived the full impact of Florida's lis pendens statute.
Jones Day
On November 17, 2016, the Third Circuit Court of Appeals issued a highly anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp., invalidating one of the aspects of EFH's confirmed chapter 11 plan.
Reed Smith
Restructuring lawyers and distressed companies alike were granted welcome relief by the US Second Circuit Court of Appeals when it overturned the decision of the District Court in the case of Marblegate Asset Management, LLC v Education Management Finance Corp.
Greenberg Glusker Fields Claman & Machtinger
The additional "default interest" owed when a borrower defaults under a loan agreement is a technical but highly critical part of any lending arrangement.
Jones Day
On June 30, 2016, President Obama gave his imprimatur to the Puerto Rico Oversight, Management, and Economic Stability Act, Pub. L. No. 114-187 (2016) ("PROMESA").
Jones Day
The watchword for 2016 in much of the world was "upheaval." Two unanticipated events dominated the political, business, and financial headlines of 2016, at least in Europe and the Americas.
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Stroock & Stroock & Lavan LLP
Due to a combination of factors, including a winning litigation strategy and execution thereon, noteholders represented by Stroock and Houlihan Lokey in the Foresight Energy situation...
Shearman & Sterling LLP
On 17 January 2017, the federal appeals court based in New York held that the prohibition in the Trust Indenture Act of 1939 on impairing a bondholder's right "to receive payment" without the bond...
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Thomas T. Janover and special counsel David E. Blabey, Jr.'s article "Recent Court of Appeals Case Sheds Light on Scope of Champerty Doctrine,"...
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy associate Mark Chass's article, "Takeaways From Cumulus Media Refinancing Ruling," appeared in Law360's Expert Analysis column on May 8, 2017.
Jones Day
The watchword for 2016 in much of the world was "upheaval." Two unanticipated events dominated the political, business, and financial headlines of 2016, at least in Europe and the Americas.
Milbank, Tweed, Hadley & McCloy LLP
On January 6, Avanti Communications (Avanti) announced that its financial restructuring plan was approved by 91.85% of its bondholders, clearing the 90% threshold required for the plan to be executed.
Reed Smith
On October 7, 2016, Reed Smith assisted the International Energy Credit Association ("IECA") in preparing an enforceability opinion for the release its Master Netting Agreement (the "MNA") under both English and U.S. law.
Orrick
The 2017 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2017.
Jones Day
Whatever lies ahead, the reality is that it will likely take at least two years to give effect to the UK's separation from the EU.
Jones Day
On November 17, 2016, the Third Circuit Court of Appeals issued a highly anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp., invalidating one of the aspects of EFH's confirmed chapter 11 plan.
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