A recent ruling from the United States Court of Appeals for the Seventh Circuit provides additional comfort for lenders receiving full repayment in connection with leveraged acquisitions. The U.S. Bankruptcy Code gives...more
4/5/2024
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Trustees ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Financial Institutions ,
Lenders ,
Privately Held Corporations ,
Safe Harbors ,
Securities
Choose Your Own Adventure: Farmouts of International Oil & Gas Interests and the AIPN 2019 Model Form -
When I teach about the Association of International Petroleum Negotiator’s (AIPN) Model International Farmout...more
7/17/2019
/ Assignments ,
Chapter 11 ,
Clean Energy ,
Commercial Bankruptcy ,
Default ,
Energy Sector ,
Liquid Natural Gas ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Opportunity Zones ,
Post-Petition Interest ,
Renewable Energy ,
Secured Debt
On June 14, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion affirming bankruptcy and district court decisions finding that, under the terms of the confirmed Chapter 11 bankruptcy plan, the debtor’s...more
On June 19, 2019, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued a decision concerning the distribution of collateral under an intercreditor agreement—finding that adequate protection payments and plan...more
On May 20, 2019, the U.S. Supreme Court held that rejection of a trademark license does not automatically terminate the licensee’s right to use the trademark, settling a decades-old question at the intersection of...more
5/22/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
On January 17, 2019, the U.S. Court of Appeals for the Fifth Circuit delivered a much-awaited opinion with respect to whether Ultra Petroleum Corporation (“UPC”) was required to pay its noteholders contractual make-whole...more
On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In...more
On May 11, 2016, the Delaware bankruptcy court issued an opinion in the RadioShack bankruptcy case addressing an intercreditor dispute between Salus Capital Partners, LLC, the “last out” lender in RadioShack’s prepetition...more
7/16/2016
/ Affiliates ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Credit Agreements ,
Debt Restructuring ,
Debtor-Creditor ,
Dismissals ,
Intercreditor Agreements ,
Inventory ,
Lenders ,
Lien Priority ,
Liens ,
Loans ,
RadioShack