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1
ECJ: Clarification On Withdrawing State Aid From Companies Deemed "Undertaking In Difficulty"
The notion of "undertaking in difficulty" is a key element in State aid law because undertakings in difficulty can receive State aid only under the restrictive conditions for so-called rescue and...
European Union
27 Jul 2017
2
Commercial Tenant Debtors In Chapter 11: Fundamentals Of Landlord Creditor Protection In Bankruptcy
Commercial landlords have unique protections in bankruptcy, but can lose these rights if they do not assert them. When a commercial tenant files bankruptcy under Chapter 11, the landlord must...
United States
25 Jul 2017
3
Non-Compete Provision Discharged Through Bankruptcy
A bankruptcy court in Texarkana, Texas held that breaches by two debtor-franchisees of a non-competition covenant in their franchise agreement with a print shop franchisor qualified for discharge through bankruptcy.
United States
24 Jul 2017
4
Courts, Cooperation, And More: A Review Of Cross-Border Insolvency Protocols
Protocols establish the premise for their creation and outline the goals the parties hope to achieve.
United States
19 Jul 2017
5
Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel Arbitration
In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a...
United States
17 Jul 2017
6
2017 Corporate Reorganization & Bankruptcy Mid-Year Review
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
United States
14 Jul 2017
7
Takata Declares Bankruptcy: What Are The Key Next Steps For Suppliers?
On June 25, 2017, Takata's US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan), filed chapter 11 cases seeking bankruptcy protection ...
United States
13 Jul 2017
8
Debt Dialogue: June 2017
This month's issue of Debt Dialogue addresses the worlds of restructuring and conservatorship, preferred stock investments and municipal securities disclosure.
United States
12 Jul 2017
9
SCOTUS To Settle Circuit Split On Rule Applicable To Recharacterization Of Debt To Equity Disputes
A federal rule of decision more often leads to recharacterization of debt to equity than application of underlying state law.
United States
11 Jul 2017
10
2017 CRG Mid-Year Review
After a 14-month successful restructuring, Republic Airways Holdings Inc. emerged from bankruptcy protection as a privately held company.
United States
10 Jul 2017
11
U.S. Trustee To Marijuana Businesses: "NIMBC" - Not In My Bankruptcy Court
On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that "debtors with assets or income derived from marijuana may not proceed...
United States
6 Jul 2017
12
Landlords, Vendors, And Trade Creditors Beware: Protecting Your Interests During A Retail Meltdown
As cautioned in my recently co-authored article, "The Future Isn't Promising for Retailers", that appeared in the Baltimore Business Journal on March 10, 2017, the retail sector may be primed to see...
United States
4 Jul 2017
13
Recast EU Insolvency Regulation Comes Into Force
Yesterday, on 26 June 2017, the Recast EU Insolvency Regulation (Council Regulation (EC) No. 2015/848) came into force.
European Union
4 Jul 2017
14
Supreme Court Docket Report - June 27, 2017
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
United States
4 Jul 2017
15
Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017
A weekly summary of select real property, financial services, and title insurance cases and recent developments, presented by Carlton Fields' Real Property Litigation and Consumer Finance practice groups.
United States
4 Jul 2017
16
Second Circuit Holds That Contingent Equity-Based Compensation Of Former Lehman Employees Are Subordinate To Creditor Claims
In In re Lehman Bros. Holdings Inc. 855 F.3d 459 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit affirmed a district court order subordinating the claims of former Lehman Bros.
United States
29 Jun 2017
17
Subject Matter Jurisdiction And Abstention In Legal Malpractice Actions Brought By A Bankruptcy Debtor – Part 1
Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys...
United States
28 Jun 2017
18
Pending Changes To Federal Bankruptcy Rules Could Negatively Impact Residential Mortgage Lenders
The U.S. Supreme Court has approved changes to the Federal Bankruptcy Rules that, if they become effective, will result in important alterations to the filing of proofs of claim by residential mortgage...
United States
28 Jun 2017
19
First Circuit Rules That Bankruptcy Court Retention Of Jurisdiction Provisions Not Enough To Establish Jurisdiction
It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court...
United States
28 Jun 2017
20
Bankruptcy Court Exercises Jurisdiction Over Foreign Defendant Based On Consent To Jurisdiction Clauses In Loan Agreement And DIP Order.
The United States Bankruptcy Court for the Southern District of New York recently held that it had personal jurisdiction over a foreign defendant that was paid funds pursuant to the Court's order...
United States
27 Jun 2017
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