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Delaware Committee Formation Meeting for NephroGenex, Inc.

Upcoming Committee Formation Meeting: Thursday, May 12, 2016, 10:00 a.m - Case Name: NephroGenex, Inc. Case Number: 16-11074 (KG)...more

Making the Safe Harbors Safe Again - United States Court of Appeals for the Second Circuit Holds That State Law Constructive...

The Bankruptcy Code contains “safe harbors” that, among other things, exempt transfers made in connection with certain financial contracts, including securities contracts, from avoidance by the bankruptcy trustee as...more

New Delaware Chapter 11 Filing – BIND Therapeutics, Inc. et al.

BIND Therapeutics, Inc. (Nasdaq – BIND), a clinical-stage nanomedicine platform company development novel targeted therapeutic, primarily for the treatment of cancer, and its affiliate BIND Biosciences Security Corporation,...more

New Delaware Chapter 11 Filing – NephroGenex, Inc.

NephroGenex, Inc. (Nasdaq – NRX), an innovator in the development of drugs to treat kidney disease, has filed a chapter 11 petition before the United States Bankruptcy Court for the District of Delaware (Case No. 16-11074)....more

When is a Wrongful Foreclosure Case a “SLAPP”?

California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) arms a defendant with an early method to challenge a lawsuit known as a “SLAPP” — a Strategic Lawsuit Against Public Participation. SLAPPs are...more

The Oman Update - Official Gazette 1141

Ministerial Decisions - Ministry of Environment & Climate Affairs - Ministerial Decision No. 20/2016 Issuing the regulations for the management of climate affairs. The climate affairs regulations issued under...more

Delaware Committee Formation Meeting for AF-Southeast, LLC, et al.

Upcoming Committee Formation Meeting: Thursday, May 5, 2016, 1:00 p.m - Case Name: AF-Southeast, LLC, et al. Case Number: 16-11008 (KG)...more

Oman Market Developments

The Sultanate of Oman is the longest continually independent Arab country in modern history, having marked the 45th anniversary of its establishment last year. Looking to the future the Sultanate's long term strategy, Vision...more

Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down

In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a...more

Concerned about a going concern? New standards on accounting standards

Following on from our recent blog post on Ralls Builders Limited (in liquidation) [2016] EWHC 243 (Ch), in which Mr Justice Snowdon discussed the issues around wrongful trading under section 214 of the Insolvency Act 1986 and...more

Sun Capital Decision Implicates Private Company Investing

On March 28, 2016, the U.S. District Court for the District of Massachusetts (the District Court) delivered a controversial opinion in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund...more

New Delaware Chapter 11 Filing – AF-Southeast, LLC

AF-Southeast, LLC and two of its subsidiaries, Allied Fiber – Florida, LLC and Allied Fiber – Georgia, LLC, which own and operate a fiber-optic network, have commenced cases (Lead Case No. 16-11008 (KG)) under Chapter 11 of...more

Bankruptcy Court Rules that Gathering Agreements Can Be Rejected

Potential Significant Impacts on Midstream Companies - On March 8, 2016, the United States Bankruptcy Court for the Southern District of New York (the “Court”) ruled from the bench in In re Sabine Oil & Gas Corp. in a...more

IRS Agrees Traditional Bad Boy Guarantees Do Not Change Character of Nonrecourse Loan

The Internal Revenue Service has apparently seen the light — at least with respect to the effect of “bad boy” guarantees on a loan that is otherwise nonrecourse for income tax purposes. Last month, we reported that the IRS...more

Committee Formation Meeting for Vestis Retail Group, LLC, et al.

Upcoming Committee Formation Meeting: April 26, 2016, 11:00 a.m. Case Name: Vestis Retail Group, LLC, et al. Case Number: 16-10971 (CSS)...more

Bankruptcy Court Chips Away at Bankruptcy Remoteness of Special Purpose Vehicles

A Chicago bankruptcy court declined to dismiss the Chapter 11 case of a “bankruptcy remote” limited liability company even though the debtor failed to obtain the unanimous consent of its members as required by its operating...more

Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments

A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation,1 represents a significant victory for shareholders who may get cashed out in connection with a...more

New Delaware Chapter 11 Filings – Vestis Retail Group, LLC et al.

Vestis Retail Group, LLC and eight affiliates, which own the Bob’s Stores, Sports Chalet and Eastern Mountain Sports retail chains, have filed chapter 11 petitions before the United States Bankruptcy Court for the District of...more

Tranquil Waters Once Again in the Safe Harbor: Bankruptcy Safe Harbor Protects Shareholders From State Constructive Fraud Claims

Shareholders who received nearly $8 billion from the Tribune Company leveraged buyout (LBO) do not have to give back that money as a constructive fraudulent transfer. Although the possibility remains that the creditors can...more

Foreign Credit Institutions Entitled to Bankrupt Russian Companies Under a Simplified Procedure - In early 2015, credit...

Thanks to the new procedure, banks-creditors can now bypass the lengthy stage of court proceedings on debt recovery and, provided the debtor indicates the signs of insolvency (overdue debt by more than three months in an...more

Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer

Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and...more

Committee Formation Meeting for Pacific Sunwear of California, Inc.

Upcoming Committee Formation Meeting: April 19, 2016, 10:00 a.m. Case Name: Pacific Sunwear of California, Inc. Case Number: 16-10882 (LSS)...more

New Delaware Chapter 11 Filing – Pacific Sunwear Of California, Inc. et al.

Pacific Sunwear of California, Inc. (Nasdaq: PSUN) and two of its affiliates have commenced cases (Lead Case No. 16-10882 (LSS)) under Chapter 11 of the Bankruptcy Code before the U.S. Bankruptcy Court for the District of...more

Additional Delaware Chapter 11 Filings Related to Abeinsa Holding Inc. (Case No. 16-10790)

On April 6, 2016, eight additional affiliates of Abeinsa Holding Inc. filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware. These entities include Abener Teyma Hugoton General...more

Committee Formation Meeting for Abeinsa Holding Inc., et al.

Upcoming Committee Formation Meeting: April 13, 2016, 9:30 a.m. Case Name: Abeinsa Holding Inc., et al. Case Number: 16-10790 (KJC)...more

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