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Searching Content indexed under Financial Restructuring by Cadwalader, Wickersham & Taft LLP ordered by Published Date Descending.
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1
FTC Reminds Market Participants Of Interlocking Prohibitions During Restructurings Or Acquisitions
The FTC reminded market participants to ensure that persons do not serve as officers or directors of competing companies during restructurings or acquisitions.
United States
11 Jul 2019
2
Third Circuit Affirms Rulings That Distributions To TCEH First Lien Creditors Are Governed By The Bankruptcy Code Rather Than Intercreditor Agreement Waterfall Provision On Enforcement Of Collateral Remedies
On June 19, 2019, the United States Court of Appeals for the Third Circuit (the "Third Circuit") affirmed a ruling of the United States District Court for the District of Delaware
United States
5 Jul 2019
3
District Court Holds That Receipt Of Reorganized Stock Did Not Violate Turnover And Standstill Provisions In Intercreditor Agreement
On November 30, 2018, Judge Nelson S. Román of the United States District Court for the Southern District of New York issued a decision affirming the dismissal of certain claims brought by senior secured creditors.
United States
3 Jan 2019
4
U.S. Court Of Appeals Overturns District Court In Decision On Trust Indenture Act Requirements
The U.S. Court of Appeals for the Second Circuit overturned the District Court decision of Marblegate Asset Management, LLC v. Education Management Corp.
United States
8 Feb 2017
5
Losing Your Marbles: A Sensible Interpretation Of Section 316 Of The Trust Indenture Act
Marblegate Asset Management, LLC v. Education Management Corp. provided much needed clarity to creditors and issuers involved in out-of-court restructurings affecting noteholders.
United States
8 Feb 2017
6
The Southern District Of New York's Norske Skog Decision: What Constitutes A Refinancing May Be In The Eye Of The Beholder
The recent decision by the United States District Court for the Southern District of New York in Citibank, N.A. v. Norske Skogindustrier ASA could be an important consideration for future drafting...
United States
5 Apr 2016
7
Codere S.A. Surety Bonds - Gambling With Unfunded Commitments
Mr Justice Robin Knowles CBE handed down his judgment on 29 January 2016 in GSO Credit – A Partners L.P. (and other GSO funds) v Barclays Bank PLC and HCC International Company...
United States
8 Mar 2016
8
Buyer (And Its Creditors) Beware: Semcrude District Court Finds That Purchasers Took Oil And Gas Free And Clear Of Producers' Liens
Although almost eight years have lapsed since the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P. were confirmed, many of the issues at the forefront of those cases are re-emerging...
United States
20 Oct 2015
9
UK Summer Budget 2015 – Key Tax Measures
The Chancellor of the Exchequer's first Budget of the new Parliament, delivered on 8 July 2015, will be remembered as a reforming Conservative budget, including significant changes to the United Kingdom's welfare provisions such as limiting the availability of personal working tax credits and introducing the new National Living Wage.
United States
13 Jul 2015
10
Trust Indenture Act Of 1939: A Sleeping Statute Comes Back To Life
In December 2014 and January 2015, the U.S. District Court for the Southern District of New York issued two separate decisions involving the Trust Indenture Act of 1939.
United States
20 May 2015
11
Second Circuit Denies Petition For En Banc Review Of Fairfield Decision
On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the propriety of a Chapter 15 debtor’s transfers of property interests within the territorial jurisdiction of the U.S., even if such a transfer has already been approved in the debtor’s foreign proceeding.
United States
17 Jan 2015
12
No Market Interest Rate And No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
MPM Silicones, LLC filed for chapter 11 bankruptcy protection, and soon after filed a prearranged plan of reorganization and obtained commitments for two exit financing facilities.
United States
25 Sep 2014
13
Cyprus: Time To Trade?
On 25 March 2013, the Bank of Cyprus and Laiki Bank entered resolution proceedings under the Resolution of Credit and Other Institutions Law 2013.
UK
22 Apr 2014
14
Third Circuit Holds That Debt Collectors Must Generally Comply With The Bankruptcy Code And The Fair Debt Collection Practices Act
In Simon v. FIA Card Services, N.A.,1 the U.S. Court of Appeals for the Third Circuit recently ruled that a debtor in a bankruptcy proceeding is not unconditionally precluded from bringing claims under the Fair Debt Collection Practices Act (the "FDCPA").
United States
28 Jan 2014
15
Court Rules That Detroit Is Eligible For Chapter 9 And That Pensions May Be Impaired In Chapter 9
On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code. In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D. Mich. Dec. 5, 2013).
United States
9 Dec 2013
16
Master Asset Vehicle II: Redemption Unwind Process
On October 2, 2013, after a multi-year implementation process, amendments to the transaction documents of Master Asset Vehicle II and related documents were executed.
United States
7 Nov 2013
17
Debt Exchanges
This article focuses on one of the crucial issues in any debt restructuring—whether changes to the terms of outstanding debt typically sought by lenders would constitute a deemed exchange of the debt pursuant to section 1001 and the corresponding Treasury regulations.
United States
5 Aug 2013
18
2012 Year In Review - Part 2
From the Supreme Court weighing in on a chapter 11 case to Bankruptcy Court opinions that may profoundly impact venue selection, many important bankruptcy developments occurred in Restructuring Review’s inaugural year.
United States
14 Jan 2013
19
Court Rejects CalPERS’ Efforts To Lift Stay In San Bernardino Case
In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift the automatic stay.
United States
7 Jan 2013
20
2012 Year In Review - Part 1
From the Supreme Court weighing in on a chapter 11 case to Bankruptcy Court opinions that may profoundly impact venue selection, many important bankruptcy developments occurred in "Restructuring Review’s" inaugural year.
United States
2 Jan 2013
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