Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Hunton Andrews Kurth LLP ordered by Published Date Descending.
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Bankruptcy Court Disallows Secured Lender's Post-Petition Legal Fees For "Policing" Chapter 11 Case
On March 27, 2019, the United States Bankruptcy Court for the Northern District of West Virginia issued an opinion1 holding that an over-secured creditor could not recover a portion of the creditor's attorney's fees...
United States
27 May 2019
Real Estate Investment Policyholders Prevail In Delaware And New York D&O Coverage Disputes
New York and Delaware courts resolved two coverage issues in favor of directors and officers of real estate investment trust advisory companies
United States
23 May 2019
Third Circuit Again Refuses To Read Supreme Court's Henson Decision To Exclude Debt Buyer From Qualifying As "Debt Collector" Under FDCPA
In 2017, the Supreme Court held that a company that collects charged-off debts that it purchases for its own account does not qualify as a "debt collector" under one definition
United States
27 Mar 2019
Disclosure To Investors Regarding Financial Distress
During and industry downturn, public disclosures of potential exposure to bankruptcy become more prominent for financially distressed companies, as well as for companies with exposure to distressed counterparties.
United States
9 Mar 2018
SCOTUS Rules that Bankruptcy Code Safe Harbor Does Not Protect Transfers In Which Financial Institutions Are "Mere Conduits"
That two intermediary financial institutions were involved as conduits was immaterial in the Court's view.
United States
5 Mar 2018
Third Circuit Applies Delaware Choice Of Law Rules Allowing Subsequent Purchasers Of Oil And Gas And Lenders To Prevail Against Upstream Producers
On July 19, 2017, the Third Circuit Court of Appeals issued an opinion in Arrow Oil & Gas, Inc., et al. v. J. Aron & Company, et al. (In re Semcrude, L.P., et al.), affirming the Delaware bankruptcy court...
United States
14 Aug 2017
Late Is Never Better! Timeline To Protect Your Contract In A Market Downturn
Timing is everything—the value of a contract may be preserved by prompt action before and during a counterparty's bankruptcy.
United States
19 Apr 2016
International Shipping Companies Successfully Navigate Chapter 11 With Prenegotiated Plans Of Reorganization
The recent depression in the maritime shipping industry served as the catalyst for many shipping companies to restructure.
United States
26 Jun 2014
Supreme Court Holds That Fraudulent Transfer And Other "Stern Claims" Are To Be Procedurally Treated As "Non-Core" Claims
On June 9, 2014, the United States Supreme Court addressed an issue left open in Stern v. Marshall.
United States
18 Jun 2014
Caveat Emptor: Bankruptcy Claims Buyers Beware As Third Circuit Affirms KB Toys
Due to inconsistent decisions in the Second Circuit and Third Circuit, there has been some uncertainty as to whether a purchaser of a bankruptcy claim is subject to defenses that a debtor would have against the original creditor.
United States
4 Dec 2013
Seventh Court Of Appeals Further Strengthens Rights Of Secured Lenders In Chapter 11 Cases
On January 19, 2012, the Seventh Circuit in In re River East Plaza, LLC, (No. 11-3263), held in favor of a secured lender further strengthening the rights of secured creditors in bankruptcy cases.
United States
3 Feb 2012
Amendments To Chapter 9 Of The Texas UCC
On May 17, 2011, Texas Governor Rick Perry signed Senate Bill No. 782 into law, thereby making Texas the fifth state to adopt a version of the 2010 uniform amendments to the 1998 version of Article 9 of the Uniform Commercial Code ("Revised Uniform Article 9").
United States
1 Aug 2011
Dealing With Companies In Financial Distress (Part 2)
Risk is inherent in business and that risk is heightened when you are dealing with a company in financial distress.
United States
3 Feb 2011
Dealing With Companies In Financial Distress (Part I)
Risk is inherent in business and that risk is heightened when you are dealing with a company in financial distress.
United States
3 Feb 2011
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