Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy....more
6/27/2024
/ Acquisitions ,
Appeals ,
Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Contract Terms ,
Creditors ,
Data Breach ,
Debtors ,
Earn-Outs ,
Mergers ,
Royalties
Until recently, courts in the Ninth Circuit have generally followed the minority view that non-debtor releases in a bankruptcy plan are prohibited by Bankruptcy Code Section 524(e), which provides that the “discharge of a...more
Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second...more
This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of...more
7/28/2020
/ 363 Sales ,
Anti-Assignment Clauses ,
Bankruptcy Code ,
Commercial Bankruptcy ,
Contract Terms ,
Coronavirus/COVID-19 ,
Due Diligence ,
Free and Clear Transactions ,
Health Care Providers ,
Purchase Agreement ,
Sale of Assets
Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues...more
Last week, President Trump unveiled his proposal to fix our nation’s aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion in federal funding. To bridge this sizable gap,...more
2/27/2018
/ Bankruptcy Code ,
Chapter 11 ,
Chapter 9 ,
Commercial Bankruptcy ,
Infrastructure ,
Infrastructure Financing ,
IRS ,
Municipal Bonds ,
Public Private Partnerships (P3s) ,
Tax-Exempt Bonds ,
Trump Administration
Today’s U.S. Supreme Court decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust puts an end to one of Puerto Rico’s multi-pronged efforts to deleverage itself. Given the comprehensiveness of the...more
A few thoughts on Tuesday’s oral arguments before the U.S. Supreme Court in the litigation over whether Puerto Rico’s Public Corporations Debt Enforcement and Recovery Act, an insolvency statute for certain of its government...more
3/25/2016
/ Bankruptcy Code ,
Chapter 9 ,
Congressional Intent ,
Debt Enforcement & Recovery Act (DERA) ,
Debt Relief ,
Impairment of Contracts ,
Insolvency ,
Municipal Bankruptcy ,
Puerto Rico ,
SCOTUS ,
Tenth Amendment
While secured creditors are entitled to special rights in bankruptcy, those rights may differ depending on whether creditors have a statutory or consensual lien on their collateral. This is primarily because section 552(a)...more
A few reactions to today’s oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico’s Recovery Act...more
At the end of “The Candidate”, Robert Redford’s title character, having won, famously asks, “What do we do now?”
A similar question can be asked now that the federal district court in Puerto Rico has struck down the...more