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U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more

Silvergate, Silicon Valley Bank, Bank Receiverships in General, and Payroll Regulatory Challenges

In the wake of Silvergate’s collapse, Silicon Valley Bank entering receivership and another bank following in SVB’s footsteps, startups and other companies affected by these events are struggling to manage their payroll and...more

SVB Receivership and Related Disruption: an Evolving Situation

On March 10, 2023, California regulators shut down Silicon Valley Bank (SVB) and the Federal Deposit Insurance Corporation was appointed its receiver. All FDIC-insured deposits were transferred to the newly created Deposit...more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 5: Delaware Bankruptcy Court Sends Covenant Question to North Dakota

Like the wild prairie rose that punctuates the North Dakota plains, the issue of whether a debtor can reject its midstream agreements is back after a brief period of dormancy. In Hot Topics in Oil and Gas Restructurings,...more

Third Circuit Enforces Make-Whole Premium for Notes Accelerated by Bankruptcy Filing

Some term loans allow borrowers to redeem debt. But to protect a lender’s expected yield, such loans often impose a “make-whole premium” on redemption. That is, they require compensation to the lender for the borrower’s...more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 4: Apache Oil’s Discovery in the Permian Basin — Will It Spark...

Apache Corp., a Houston-based oil and gas exploration company, recently announced a discovery that some in the oil and gas industry are dubbing a potential find of historic magnitudes. Last week, Apache’s chief executive...more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 3: Yes, Gathering Agreements Can Be Rejected as Executory Contracts...

Reuters recently reported that “the rout in crude prices is snowballing into one of the biggest avalanches in the history of corporate America, with 59 oil and gas companies now bankrupt[.]” In March, we described how surging...more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 2 Can Gathering Agreements Be Rejected as Executory Contracts?

“The carnage is going to be terrible,” cried a recent Dallas Morning News headline. “It’s a hellacious problem,” lamented another article. It’s no secret the energy sector has come upon hard times. Oil prices are down 70...more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 1

In 2015, the energy sector accounted for more than one-half of all public company bankruptcy filings, including eight of the 10 largest filings. Current oil prices and bond values indicate that 2016 will be another active...more

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