Mark McDermott

Mark McDermott

Skadden, Arps, Slate, Meagher & Flom LLP

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"Significant Ruling Gives Chapter 11 Debtors New Leverage Over Secured Creditors"

The Bankruptcy Code's so-called "cramdown" statute provides debtors with a significant tool that can be used to impose a reorganization plan upon recalcitrant secured lenders, subject to fulfillment of certain requirements....more

1/30/2015 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Cramdown Secured Lenders Unsecured Creditors

Overview of ABI Commission Report and Recommendation on the Reform of Chapter 11 of the Bankruptcy Code

The last major revision to U.S. business reorganization laws occurred in 1978. Since then, companies’ capital structures have become more complex and rely more heavily on leverage, including secured debt in particular; their...more

12/24/2014 - Bankruptcy Code Bankruptcy Reform Chapter 11 Commercial Bankruptcy

"Supreme Court Holds That Bankruptcy Courts May Report and Recommend on Stern Claims"

On June 9, 2014, the United States Supreme Court issued its highly anticipated ruling in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.). The Bellingham decision clarifies one of the...more

6/11/2014 - Article III Chapter 7 Commercial Bankruptcy EBIA v Arkison Executive Benefits Insurance Agency Fraudulent Conveyance SCOTUS Stern v Marshall Tortious Interference

"Using Chapter 11 to Restructure Non-US and Multinational Companies"

Chapter 11 of the U.S. Bankruptcy Code is the most well-developed law of any insolvency regime in the world for helping troubled companies restructure their affairs. Some nations, like Canada and the United Kingdom, also have...more

1/30/2014 - Chapter 11 Commercial Bankruptcy Insolvency Multinationals Restructuring

"Central European Distribution Corporation’s Chapter 11 Plan Incorporates Dutch Auction"

On May 13, 2013, the U.S. Bankruptcy Court for the District of Delaware confirmed a prepackaged Chapter 11 plan of reorganization in the case of Central European Distribution Corporation (CEDC) that incorporated an unmodified...more

8/5/2013 - Auction Chapter 11 Commercial Bankruptcy EU

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