Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Stites & Harbison PLLC
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued an important decision regarding the manner in which interest must be calculated to satisfy the cramdown ...
Withers LLP
In the latest development in the long-running bankruptcy matter involving Momentive Performance Materials Inc.'s Chapter 11 reorganization plan, the U.S. Court of Appeals for the Second Circuit found that the U.S. Bankruptcy Court correctly affirmed Momentive's reorganization plan but erred in its determination as to interest rates to be applied to replacement notes issued to the company's creditors.
Hughes Hubbard & Reed LLP
On August 10, 2017, the Supreme Court dismissed the writ of certiorari in PEM Entities LLC v. Levin as improvidently granted. See No. 16-492, 2017 WL 3429146, at *1 (U.S. Aug. 10, 2017).
Duane Morris LLP
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
Thompson Coburn LLP
In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017.
Shearman & Sterling LLP
On October 3, 2017, Bankruptcy Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware issued a decision holding that the Bankruptcy Court...
Hughes Hubbard & Reed LLP
Next week, the Supreme Court will hear oral argument in Merit Management Group v. FTI Consulting to decide the correct way to apply the safe harbor of section 546(e) of the Bankruptcy Code.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC ("Momentive").
Jones Day
The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium...
Miles & Stockbridge
For a creditor, the difference between a perfected and unperfected security interest can mean the difference between full repayment and receiving mere pennies on the dollar (or nothing) in a bankruptcy.
Sheppard Mullin Richter & Hampton
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
Troutman Sanders LLP
On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and...
Warner Norcross & Judd LLP
Most companies extend unsecured credit to their customers as a routine and often daily part of their business—a supplier ships parts to its customer along with an invoice and, at some point thereafter...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender's efforts to control whether its borrower could file bankruptcy.
Jones Day
The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers.
Jones Day
This is so in part because the statute itself does not define "interest."
Jones Day
When the reforms come into force, they will supplement and complement the Recast European Union Insolvency Regulation that became effective on June 26, 2017.
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Hughes Hubbard & Reed LLP
Next week, the Supreme Court will hear oral argument in Merit Management Group v. FTI Consulting to decide the correct way to apply the safe harbor of section 546(e) of the Bankruptcy Code.
Day Pitney LLP
On October 27, the National Association of Insurance Commissioners (NAIC) Receivership Model Law Working Group (under the direction of the NAIC's Receivership and Insolvency Task Force)...
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
Jones Day
The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers.
Duane Morris LLP
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
Scott & Scott LLP
The following list includes several common questions and concerns related to licensing VMware.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC ("Momentive").
Hughes Hubbard & Reed LLP
On August 10, 2017, the Supreme Court dismissed the writ of certiorari in PEM Entities LLC v. Levin as improvidently granted. See No. 16-492, 2017 WL 3429146, at *1 (U.S. Aug. 10, 2017).
Jones Day
The decision provides important guidance regarding the appropriate rate of interest on replacement notes issued under a cram-down chapter 11 plan.
Thompson Coburn LLP
In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017.
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