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1
Annual CLE Weekend Of The Association Of Commercial Finance Attorneys
AFCA members are primarily private-practice attorneys and in-house counsel whose work involves asset-based lending, factoring, bankruptcy and creditors' rights.
United States
25 Apr 2019
2
The Reach Of Avoidance – Second Circuit Court Of Appeals Holds In Madoff That Bankruptcy Code Can Be Used To Recover Subsequent Extraterritorial Transfers
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...
United States
23 Apr 2019
3
The Reach Of Avoidance – Second Circuit Court Of Appeals Holds In Madoff That Bankruptcy Code Can Be Used To Recover Subsequent Extraterritorial Transfers
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by
United States
23 Apr 2019
4
Proposed UNCITRAL Model Law on Enterprise Group Insolvency
The final text of the EGI Model Law is expected to be published at the end of 2019, after which it can be implemented.
United States
17 Apr 2019
5
Duff & Phelps Contributes To ILPA's Guidance For GP-Led Secondary Transactions
. The guidance was issued in response to the increasing prevalence of such transactions and the bespoke nature of each situation.
United States
17 Apr 2019
6
New York Bankruptcy Court Affirms Enforceability Of Well-Drafted Make-Whole Provision Against Bankrupt Debtor In In Re 1411 Realty Owner, LLC
A recent bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower, notwithstanding the Second Circuit's 2017 decision in Momentive.
United States
16 Apr 2019
7
Blessings In Disguise: Hidden Opportunities In Healthcare Bankruptcies
Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden.
United States
15 Apr 2019
8
Cadwalader Attorneys Review Lender's Claim For Prepayment Premium
On March 18, 2019, the U.S. Bankruptcy Court of the Southern District of New York enforced a mortgage lender's claim for a prepayment premium ...
United States
15 Apr 2019
9
Proposed Legislation Would Prohibit Payment Of Bonuses By A Debtor To Certain Employees
On March 6, 2019, Rep. Cheri Bustos (D-IL) introduced the No Bonuses in Bankruptcy Act of 2019 (H.R. 1557) "[t]o amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals ...
United States
15 Apr 2019
10
Bankruptcy Court In Chapter 15 Case Refuses To Extend Comity To Gibbs Rule In Enforcing Croatian Settlement Modifying English-Law Debt
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
Worldwide
15 Apr 2019
11
Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt
In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, ...
United States
15 Apr 2019
12
Make-Whole Provisions Still Enforceable After Momentive
A recent bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower
United States
11 Apr 2019
13
Second Circuit Affirms Dismissal Of Chapter 15 Appeal By Purported Shareholder On Standing Grounds
In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court's dismissal of a purported shareholder's appeal challenging the chapter 15 recognition
United States
10 Apr 2019
14
Make Whole Prepayment Premium Enforceable Even After Loan Acceleration
In In re 1141 Realty Owner LLC, et al., No. 18-12341 (SMB), 2019 WL 1270818 (Bankr. S.D.N.Y. March 18, 2019), Bankruptcy Judge Stuart M. Bernstein of the U.S
United States
10 Apr 2019
15
Filling An Enforcement "Make-Whole": Bankruptcy Court Enforces Prepayment Premium Notwithstanding Prepetition Loan Acceleration
On March 18, 2019, Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York issued a decision enforcing a mortgage lender's claim ...
United States
10 Apr 2019
16
Reform Of Insolvency Legislation Is Approved
On 11 January 2019, the Council of Ministers approved the text of the legislative decree containing the new code of corporate distress [1] and insolvency (the "Insolvency Code").
United States
8 Apr 2019
17
Statutory Protections Against The Unauthorized Release Of Capital Commitments In A Subscription Credit Facility
The market for subscription-backed credit facilities, also known as "capital call" or "capital commitment" facilities ("Subscription Facilities"), was recently unsettled.
United States
5 Apr 2019
18
Official Bankruptcy Forms Revised To Reflect April 1, 2019 Dollar Amount Adjustments Now In Effect
As discussed in an earlier post called "Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2019.
United States
3 Apr 2019
19
Storm Clouds On The Horizon: Restructuring Risks Facing The Auto Industry
While the economy overall is strong and vehicle sales are still robust, there are risks in the industry that may affect the supply chain and cause disruptions throughout the year.
United States
2 Apr 2019
20
Narrowly Tailored Credit Events: Proposed Changes To The Credit Derivatives Definitions And Preliminary Takeaways
Narrowly tailored credit events have emerged as one of the most controversial opportunistic CDS strategies in recent years.
United States
28 Mar 2019
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