Douglas Mintz

Douglas Mintz

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Distressed Download - July 2015

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act - On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

7/23/2015 - Attorney's Fees Bankruptcy Code Bonds Capital Controls Distressed Debt Emerging Markets EU Eurozone Greece Insolvency Municipal Bankruptcy Oil & Gas Preemption Puerto Rico Reclamation Restructuring SCOTUS

Distressed Download - March 2015

What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle - On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more

3/12/2015 - Bankrtupcy Preferences Bankruptcy Court Chapter 11 Chapter 9 Commercial Bankruptcy Debt Market Debt Recovery Programs Distressed Debt EU France Insolvency Lehman Brothers Municipalities Pension Funds Puerto Rico Restructuring Safe Harbors SCOTUS Tax Liability UK Venue Wellness International Network v Sharif

Puerto Rico Debt Recovery Act Ruled Unconstitutional1

On Friday February 6, the Puerto Rico Federal District Court ruled the Debt Enforcement and Recovery Act (the “Recovery Act”) unconstitutional. Franklin Calif. Tax-Free Trust, et al. v. Comm. Of Puerto Rico et al., (D.P.R.,...more

2/14/2015 - Bankruptcy Code Chapter 9 Contracts Clause Debt Debt Relief Mootness Municipal Bankruptcy Preemption PREPA Puerto Rico Ripeness Supremacy Clause Takings

Detroit Confirms Chapter 9 Plan of Adjustment

Approximately 16 months after filing the largest chapter 9 bankruptcy in history, Detroit received approval November 7 of its chapter 9 plan of adjustment. Bankruptcy Judge Stephen Rhodes of the Eastern District of Michigan...more

11/26/2014 - Bankruptcy Plans Chapter 9 Municipalities

New Debt Enforcement Act Significantly Impacts Stakeholders In Puerto Rico’s Energy & Infrastructure Sectors

On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcemen enabling certain Commonwealth public corporations in financial distress...more

7/16/2014 - Debt Recovery Programs

Summary Of Puerto Rico Public Corporation Debt Enforcement & Recovery Act

On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcement Act”), enabling certain Commonwealth public corporations in financial...more


Oregon Bankruptcy Court Denies Administrative Priority Status to Potential DIP Lender for Breakup Fee Claim

On April 8, 2014, Chief Bankruptcy Judge Frank R. Alley, III for the United States Bankruptcy Court for the District of Oregon found that Sunstone Business Finance, LLC's claim against debtor C&K Market, Inc. did not...more

5/5/2014 - Administrative Expenses Chapter 11 Debtors-in-Possession Financing

Lehman Court Finds Safe Harbors Protect Damage Calculation Provisions In Swap

Judge James M. Peck issued an important opinion in the Lehman Brothers bankruptcy late last month. The opinion protects a non-debtor counterparty's right to rely on a contractually agreed methodology for damages calculations...more

1/24/2014 - Commercial Bankruptcy Debtors Lehman Brothers Safe Harbors Swaps Valuation

Following Chapter 9 Plan, Monoline Insurer Must Continue to Make Payments on Old Bonds

Earlier this month, Judge Judith J. Gische of the Appellate Division of the Supreme Court of New York, First Judicial Department found that ACA Financial Guaranty Corporation, as bond insurer, must make future,...more

9/27/2013 - Bonds Chapter 9 Detroit Municipal Bankruptcy Municipal Bonds Municipalities

SDNY Holds Trustee Cannot Evade Section 546(g) Safe Harbor by Bringing Avoidance Action Under State Law

On June 11, 2013, Southern District of New York Judge Jed Rakoff dismissed the complaint of the Trustee for the SemGroup estate seeking to avoid a novation made to Barclays pre-bankruptcy under a swap agreement. The Court...more

6/18/2013 - Barclays Chapter 11 Novation Safe Harbors Swap Agreements Swaps Trustees

Bankruptcy Court Permits Patriot to Modify Union Agreements

Patriot Coal became the third major debtor in the last year to modify benefits or reject a CBA under sections 1113 and 1114 of the Bankruptcy Code. Following similar rulings in the Hostess and AMR Corporation bankruptcies,...more

6/7/2013 - Collective Bargaining Debtors Employee Benefits Modification Unions

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