Thomas Mitchell

Thomas Mitchell

Orrick, Herrington & Sutcliffe LLP

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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 Clause

Commentary: Five Lessons from the Municipal Derivatives Litigation Front

Pre-financial crisis, interest rate derivatives were widely recognized as a valuable part of the municipal issuer’s financial toolkit. Post-crisis, they have been a thorn in the side of many issuers, resulting in expensive...more

6/17/2013

Second Circuit Rules That Payments Made To Purchase Notes Are Exempt from Avoidance Under Section 546(e) of the Bankruptcy Code

The United States Court of Appeals for the Second Circuit held, on June 10, 2013, that payments made by a company to purchase notes issued by an affiliate were transfers made in connection with a “securities contract,” and...more

6/12/2013 - Commercial Loans Exemptions Preferential Transfers Purchase Agreement Securities Trustees

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