By Michael Friedman, Simone Tatsch, and Nicholas Whitney (Chapman and Cutler LLP) As more Companies face liquidity issues and near …
Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing
By Craig A. Barbarosh, Karen B. Dine, Jerry L. Hall, and Margaret J. McQuade (Katten Muchin Rosenman LLP) In November 2016, the …
Recharacterization of Debt as Equity in the Fourth Circuit
By Gabrielle Glemann (Hughes Hubbard & Reed) In an unpublished opinion in August, In re Province Grande Old Liberty, LLC, Case …
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FTI Roundup
The Seventh Circuit held last July in FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), …
Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Strategies for Purchasing and Selling Assets in Chapter 11
By Jacqueline Marcus (Weil, Gotshal & Manges) and Doron Kenter (Robins Kaplan) Sales of a debtor’s assets pursuant to section …
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Supreme Court to Resolve Circuit Split Over Structured Dismissals
By Douglas Mintz, Robert Loeb and Monica Perrigino of Orrick, Herrington & Sutcliffe The Supreme Court recently granted …
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Recent Developments in Bankruptcy Law
By Richard Levin of Jenner & Block The bankruptcy courts and their appellate courts continue to explore issues of interest to …
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Bankruptcy Advisory: What Can Oil Pipelines Do As Shipper Bankruptcy Risk Increases?
By Filiberto Agusti, Caroline H.B. Gaudet, and Steven Reed, Steptoe & Johnson LLP The expansion of North American petroleum …
28 Law Firms Publish White Paper Addressing Trust Indenture Act Complications In Debt Restructurings
By David A. Brittenham, Matthew E. Kaplan, M. Natasha Labovitz, Peter J. Loughran, Jeffrey E. Ross, and My Chi To of Debevoise …
Texas Supreme Court Resolves Good Faith Value Defense Issue For Fifth Circuit
By Michael L. Cook, Schulte Roth & Zabel LLP The Uniform Fraudulent Transfer Act ("UFTA") (§ 8(a)), like Bankruptcy …
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Fifth Circuit Affirms Secured Lender Surcharge
By Michael L. Cook, Schulte Roth & Zabel LLP The cost of maintaining a secured lender's collateral is usually borne by the …
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