Mondaq USA: Insolvency/Bankruptcy/Re-structuring
Thompson Coburn LLP
The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.
Kramer Levin Naftalis & Frankel LLP
The Bankruptcy Code provides debtors with the opportunity for a fresh start in the face of mounting financial obligations.
Morrison & Foerster LLP
The Court of Appeal of England and Wales ("CA") made a significant ruling on two matters affecting the powers and duties of directors of English companies.
Mayer Brown
Both the First Energy Solutions and PG&E bankruptcies have seen proceedings regarding power purchase and similar agreements (PPAs) that raise this question.
Orrick
Following our post on the district court's extraterritoriality decision, the bankruptcy court dismissed the actions against several defendants on the grounds that the presumption against extraterritoriality ...
Shearman & Sterling LLP
On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that "impairment" under a plan of reorganization does not arise even if a creditor is paid less...
Shearman & Sterling LLP
Intercreditor agreements between secured creditors are intended to limit the potential for litigation and result in predictable commercial outcomes with respect to recoveries from collateral
Jones Day
Rumors of another recession multiplied as the tumultuous second year of the Trump administration came to a close.
Jones Day
U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity."
Jones Day
In Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit broadened the scope of section 547(c)(4) of the Bankruptcy Code's ...
Jones Day
In Tanguy v. West (In re Davis), 2018 WL 4232063 (5th Cir. Sept. 5, 2018), the U.S. Court of Appeals for the Fifth Circuit revisited the circumstances under which section 363(m) of the Bankruptcy Code ...
Jones Day
On September 18, 2018, the United Nations Commission on International Trade Law published its final version of the new Model Law on the Recognition and Enforcement of Insolvency-Related Judgments.
Mintz
Tolstoy warned that "if you look for perfection, you'll never be content", but Tolstoy wasn't a bankruptcy lawyer.
Kramer Levin Naftalis & Frankel LLP
On Jan. 19, 2019, the U.S. Court of Appeals for the Fifth Circuit vacated a bankruptcy court decision awarding Ultra Petroleum Corp. noteholders $201 million
Cooley LLP
Other adjustments will affect consumers more than business debtors.
Thompson Coburn LLP
In the recent Chicago bankruptcy case In re Gouletas, U.S. Bankruptcy Judge Timothy A. Barnes ruled that obligations are not extinguished by statutes of limitation and, even after the expiration of the limitation period, ...
Arnold & Porter
On January 17, 2019, the Fifth Circuit Court of Appeals (Appellate Court) overruled the decision of the United States Bankruptcy Court for the Southern District of Texas (Bankruptcy Court)
Bowditch & Dewey
Attorney Mark Powers addresses the dicey issue of what creditors can do when their counterparties file for bankruptcy in a recent article for the Worcester Business Journal
Ward and Smith, P.A.
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11.
Jones Day
The Situation On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest" ...
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Jones Day
Rumors of another recession multiplied as the tumultuous second year of the Trump administration came to a close.
Shearman & Sterling LLP
On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that "impairment" under a plan of reorganization does not arise even if a creditor is paid less...
Shearman & Sterling LLP
Upon the commencement of bankruptcy proceedings, creditors will, with some exceptions, be subject to the automatic stay on their ability to collect on, or otherwise enforce against
Pryor Cashman LLP
German communication technology manufacturer Kathrein has announced it will sell its worldwide mobile radio antenna business to one of its largest customers, the Swedish network supplier Ericsson.
Jones Day
U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity."
Mayer Brown
Both the First Energy Solutions and PG&E bankruptcies have seen proceedings regarding power purchase and similar agreements (PPAs) that raise this question.
Cooley LLP
In short, those looking for a clear signal how the Court will rule are going to be disappointed.
Morrison & Foerster LLP
The Court of Appeal of England and Wales ("CA") made a significant ruling on two matters affecting the powers and duties of directors of English companies.
Foley & Lardner
While the U.S. economy overall is strong, there are risks that will likely affect the automotive supply chain in the coming year.
Mayer Brown
Below are soundbites from panelists who spoke at Infocast's Wind Finance & Investment Summit on February 6 and 7 in Carlsbad, CA.
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