Mondaq USA: Insolvency/Bankruptcy/Re-structuring > Insolvency/Bankruptcy
Shearman & Sterling LLP
Below is a summary of the main developments in US and EU corporate governance and securities law and certain financial markets regulation developments since our last update on 20 July 2018.
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
The Bankruptcy Court ultimately ruled in favor of CNA, denying the Plaintiffs' motion to dismiss CNA's complaint and granting summary judgment in favor of CNA.
Kramer Levin Naftalis & Frankel LLP
This decision is based upon a series of bankruptcy cases involving OnSite.
Brooks Kushman
The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
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.
Squire Patton Boggs LLP
A recent decision in the In re RMH Franchise Holdings bankruptcy case pending in the District of Delaware, highlights the importance of complying ...
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.
Carlton Fields
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
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).
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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.
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).
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
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).
Brooks Kushman
The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
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