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1
Bankruptcy Court Finds Arbitration Clause In Consumer Loan Contract To Be Sufficient Cause To Grant Relief From Automatic Stay
When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor's property. 11 U.S.C. § 362(a).
United States
19 Oct 2018
2
Financially Distressed Companies Answer Book 2019
Partner Fredric Sosnick (New York-Financial Restructuring & Insolvency) has just released the latest issue of Financially Distressed Companies Answer Book 2019 for the Practising Law Institute (PLI).
United States
19 Oct 2018
3
Third Circuit Denies Large Break-up Fee in High-Profile EFH Case
The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case.
United States
18 Oct 2018
4
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
United States
18 Oct 2018
5
ISDA Introduces Protocol To Address Upcoming Rules Related To Qualified Financial Contracts In The Orderly Resolution Of Systemically Important Financial Institutions
US federal banking regulations that go into effect next year require certain major financial institutions to ensure that their qualified financial contracts (QFCs).
United States
18 Oct 2018
6
Trademark Licenses . . . Again (Update No. 4)
We continue to monitor developments in what could become one of the most consequential Supreme Court cases on bankruptcy in decades.
United States
17 Oct 2018
7
Treasury Department Issues New CFIUS Regulations Launching FIRRMA Pilot Program, Requiring Declarations For Certain Transactions
On October 10, 2018, the Treasury Department, as chair of the Committee on Foreign Investment in the United States, issued interim regulations implementing certain mandatory review provisions of the Foreign Investment Risk Review Management Act ...
United States
17 Oct 2018
8
Iconic Sears Files For Bankruptcy. Will Your Business Be Impacted?
Sears (Sears Holdings Corporation) filed for bankruptcy protection under Chapter 11 in the Southern District of New York on Monday.
United States
17 Oct 2018
9
We, The Releasees (Redux): Delaware District Court Holds That Bankruptcy Court Had Constitutional Authority To Approve Nonconsensual Third-Party Releases
On September 21, 2018, the United States District Court for the District of Delaware issued a decision holding that the Bankruptcy Court had constitutional authority to approve the nonconsensual...
United States
17 Oct 2018
10
Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code's Automatic Stay
The government's anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy.
United States
17 Oct 2018
11
Third Circuit Enforces Plan Releases Against Later-Purchasing Shareholders Bringing Claims Concerning Post-Confirmation Conduct
Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability.
United States
16 Oct 2018
12
Fifth Circuit Adopts Flexible Approach To Collateral Valuation In Cramdown Chapter 11 Cases
In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral.
United States
12 Oct 2018
13
Business Restructuring Review | September–October 2018
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
United States
12 Oct 2018
14
Oil And Gas Industry Update: Second Circuit Upholds Rejection Of Sabine Gas Gathering Agreements
In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court
United States
12 Oct 2018
15
Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent For Bankruptcy Filing Is Enforceable But Declines To Rule On Validity Of "Golden Shares"
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate charter ...
United States
11 Oct 2018
16
Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers.
United States
11 Oct 2018
17
September 2018 Bid Protest Roundup
This month's round-up covers a slew of interesting bid protests from the Government Accountability Office
United States
11 Oct 2018
18
Recent Decisions Pertaining To Chapter 15
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
United States
11 Oct 2018
19
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
United States
9 Oct 2018
20
A Moot Point: Court Of Appeals For The Eleventh Circuit Holds That The Doctrine Of Equitable Mootness Is Applicable In A Chapter 9 Bankruptcy Case
The consummation of a plan of reorganization typically involves a series of complex actions by the debtor and its stakeholders.
United States
4 Oct 2018
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