Searching Content from United States indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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New Amendments To Bankruptcy Rules Could Have A Major Effect On The Rights Of Secured Creditors
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
United States
17 Nov 2017
(Make) Wholly Moly: U.S. Court Of Appeals For The Second Circuit Upholds Ruling Denying Noteholders' Entitlement To A Make-Whole Payment
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
United States
15 Nov 2017
A Decision Of Interest: U.S. Court Of Appeals For The Second Circuit Opines On The Proper Interest Rate Under The Cramdown Provisions Of Chapter 11
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued an important decision regarding the manner in which interest must be calculated to satisfy the cramdown ...
United States
15 Nov 2017
Federal Appeals Court Rules On Momentive Performance Material Inc.'s Chapter 11 Repayment Plan
In the latest development in the long-running bankruptcy matter involving Momentive Performance Materials Inc.'s Chapter 11 reorganization plan, the U.S. Court of Appeals for the Second Circuit found that the U.S. Bankruptcy Court correctly affirmed Momentive's reorganization plan but erred in its determination as to interest rates to be applied to replacement notes issued to the company's creditors.
United States
14 Nov 2017
Unresolved Questions Remain In Recharacterizing Insider Debt
On August 10, 2017, the Supreme Court dismissed the writ of certiorari in PEM Entities LLC v. Levin as improvidently granted. See No. 16-492, 2017 WL 3429146, at *1 (U.S. Aug. 10, 2017).
United States
13 Nov 2017
Second Circuit Permits Market Interest Rates In Cramdown Plans
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
United States
10 Nov 2017
Amendments To Chapter 12 Make It Easier For A Family Farmer To Reorganize
In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017.
United States
10 Nov 2017
We, The Releasees: Delaware Bankruptcy Court Holds That It Had Constitutional Authority To Approve Nonconsensual Third-Party Releases
On October 3, 2017, Bankruptcy Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware issued a decision holding that the Bankruptcy Court...
United States
9 Nov 2017
Just Passing Through: Merit Management Group, LP V. FTI Consulting, Inc.
Next week, the Supreme Court will hear oral argument in Merit Management Group v. FTI Consulting to decide the correct way to apply the safe harbor of section 546(e) of the Bankruptcy Code.
United States
8 Nov 2017
Second Circuit: Secured Lender Not Entitled To A Make Whole Premium In "Cramdown" Restructuring, But May Be Entitled To Higher Interest Rate
On October 20, in Matter of M.P.M. Silicones, L.L.C. ("M.P.M. Silicones"), the United States Court of Appeals for the Second Circuit held that secured noteholders were not entitled to an approximately $200 million...
United States
7 Nov 2017
Second Circuit Rules On Chapter 11 Cram-Down, Make-Whole, And Subordination Issues
The decision provides important guidance regarding the appropriate rate of interest on replacement notes issued under a cram-down chapter 11 plan.
United States
2 Nov 2017
New NAIC Model Act Would Add To HMO Costs
On October 27, the National Association of Insurance Commissioners (NAIC) Receivership Model Law Working Group (under the direction of the NAIC's Receivership and Insolvency Task Force)...
United States
30 Oct 2017
A Momentive Decision: Second Circuit Splits With Third Circuit On Make Whole Premiums; Adopts Sixth Circuit's Two-Step Approach In Selecting An Interest Rate In Chapter 11 Cramdowns
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC ("Momentive").
United States
27 Oct 2017
VMware Licensing: Common Questions About Licensing Rules And Restrictions, Part II
The following list includes several common questions and concerns related to licensing VMware.
United States
26 Oct 2017
Bankruptcy Court Rules "Make-Whole" Provision Creates Enforceable Liquidated Damages
The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium...
United States
19 Oct 2017
Check It Twice! A Helpful Reminder To Drafters Of UCC-1s
For a creditor, the difference between a perfected and unperfected security interest can mean the difference between full repayment and receiving mere pennies on the dollar (or nothing) in a bankruptcy.
United States
18 Oct 2017
Double Whammy: In A Sweeping New Opinion, The Ninth Circuit Creates A New Mechanism For Completely Wiping Out Unexpired Leases In Bankruptcy, And Also Undercuts A Critical Protection For Buyers In 363 Sales
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
United States
13 Oct 2017
11th Circuit Applies Totality-Of-The-Circumstance Analysis To Judicial Estoppel
On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and...
United States
12 Oct 2017
The Preference Payment Predicament
Most companies extend unsecured credit to their customers as a routine and often daily part of their business—a supplier ships parts to its customer along with an invoice and, at some point thereafter...
United States
11 Oct 2017
Bankruptcy Restrictions In Operating Agreement Held Unenforceable
In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender's efforts to control whether its borrower could file bankruptcy.
United States
9 Oct 2017
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