By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …
Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
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Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
Secured Creditor’s “Net Economic Damages” Estimate of Disputed Claims “Plainly Insufficient” to Establish Collateral Value
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Crossing The Line In Cross-Border Insolvencies
By Jonathan C. Gordon (Jones Day). Consider an insolvency proceeding outside the United States. To obtain ancillary relief in the …
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Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases
By Peter S. Saba (Jones Day). In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of …
Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent for Bankruptcy Filing Is Enforceable but Declines to Rule on Validity of “Golden Shares”
By Mark A. Cody and Mark G. Douglas (Jones Day). In a highly anticipated decision, the U.S. Court of Appeals for the Fifth …
Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
by Charles M. Oellermann and Mark G. Douglas (Jones Day). The ability to avoid fraudulent or preferential transfers is a …
The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
By Jane Rue Wittstein and Mark G. Douglas (Jones Day) Courts disagree as to whether the amount that a bankruptcy trustee or …
Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
By Charles M. Oellermann and Mark G. Douglas (Jones Day) The ability to avoid fraudulent or preferential transfers is a …
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), …
Tender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization
By Charles M. Oellermann and Mark G. Douglas, Jones Day Debt-for-equity swaps and debt exchanges are common features of …
“Trade Away!”—Bankruptcy Court for the Southern District of New York Decides That Original Issue Discount From Fair Value Exchanges Is Allowable in Bankruptcy
Authors: Richard L. Wynne and Lance Miller, Jones Day Debt exchanges have long been utilized by distressed companies to address …