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Searching Content from United States indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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1
First Circuit Rules That "Incorporation By Reference" Of Collateral Description In UCC Financing Statements May Not Perfect Lien
Tolstoy warned that "if you look for perfection, you'll never be content", but Tolstoy wasn't a bankruptcy lawyer.
United States
20 Feb 2019
2
Fifth Circuit Disallows Make-Whole Payment In Bankruptcy
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
United States
19 Feb 2019
3
Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019
Other adjustments will affect consumers more than business debtors.
United States
19 Feb 2019
4
Can I Recover Attorneys' Fees In Bankruptcy?
In SummitBridge National Investments III, LLC v. Faison, the Fourth Circuit held that if a lender's loan documents contain an attorneys' fees provision, then the lender may file a claim
United States
15 Feb 2019
5
In Gouletas, Bankruptcy Court Rules Statutes Of Limitations Have Limitations
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, ...
United States
14 Feb 2019
6
EU To Require Insolvency Opinions In Relation To U.S. Sub-Custodians Under The EU AIFMD Regime
From April 2020 depositaries under the EU Alternative Investment Fund Managers Directive[1] ("AIFMD") ...
United States
14 Feb 2019
7
Rejection Time: On February 20th The Supreme Court Hears Oral Argument On The Big Question In The Tempnology Case — Does A Trademark Licensee Lose Its Rights Upon Rejection?
The Big Question. What is the effect of rejection of a trademark license by a debtor-licensor? Over the past few years, this blog has followed the Tempnology case out of New Hampshire raising just that issue.
United States
14 Feb 2019
8
Fifth Circuit Calls Into Question The Allowance Of Make-Whole Payments And Post-Petition Interest At Contract (Default) Rate
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)
United States
13 Feb 2019
9
Mark Powers Writes "Someone Who Owes You Money Files For Bankruptcy. Now What?" For The Worcester Business Journal
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
United States
11 Feb 2019
10
How To Comply With Qualified Financial Contract Rules
In the fall of 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency promulgated new rules...
United States
5 Feb 2019
11
When A Chapter 11 Plan Is Absolutely Dead On Arrival
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11.
United States
5 Feb 2019
12
Fifth Circuit Suggests Claims For Make-Whole Amounts Should Be Disallowed
The Situation On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest" ...
United States
4 Feb 2019
13
Will Bankruptcy Stay Criminal Proceedings For PG&E?
On January 29, 2019, California's Pacific Gas and Electric, one of the nation's largest utilities, filed for Chapter 11 bankruptcy protection.
United States
4 Feb 2019
14
Law & Practice
The USA has long welcomed private debt and equity capital to fund large infrastructure projects and remains one of the world's oldest and largest markets ...
United States
1 Feb 2019
15
FERC Clarifies Its Concurrent Jurisdiction With Regard To Bankruptcy Filings That Seek To Reject Power Purchase Agreements
On January 25, 2019, the US Federal Energy Regulatory Commission issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements.
United States
1 Feb 2019
16
FERC Asserts Its Authority To Review Rejection Of Wholesale Power Agreements Days Before PG&E Files Bankruptcy
On Jan. 25, 2019 the FERC issued an order asserting its concurrent authority to approve proposed rejection of wholesale power purchase agreements under the Bankruptcy Code.
United States
1 Feb 2019
17
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
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
United States
31 Jan 2019
18
Six Tips For Lenders Foreclosing A Shopping Center
Shopping centers across the country still face significant financial struggles as a consequence of the recent recession, the increasing market share of online retailers, and the relatively high price
United States
30 Jan 2019
19
Closing In On Make-Wholes: The Fifth Circuit's Ultra Decision
On January 17, 2019, the United States Court of Appeals for the Fifth Circuit (the "FifthCircuit") issued a decision in In re Ultra Petroleum Corp.
United States
30 Jan 2019
20
Storm Clouds On The Horizon: Restructuring Risks Facing The Auto Industry In 2019
While the economy overall is strong and vehicle sales are still robust, though lower than the record pace of the past few years, there are risks in the industry which may affect the supply chain
United States
30 Jan 2019
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