Bankruptcy General Business Mergers & Acquisitions

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

The Fisker Case and Its Impact on Distressed M&A

As is well known, the right to credit bid is the entitlement of a secured lender to bid the amount of its outstanding claims at the sale of its collateral. If the secured lender places the winning bid, no money is exchanged...more

Identifying Further Restructuring Risks in Germany - Federal Court of Justice Clarifies Liability for Continuing the Business of...

The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within the past years. Strategic and financial investors have and continue to...more

BAC CEO Pays $10 Million Plus D&O Bar To Settle NYAG Market Crisis Case

Former Bank of America CEO Kenneth Lewis agreed to pay $10 million and to be barred from serving as an officer or director of a public company for three years to settle fraud charges brought by the New York Attorney General...more

Private Equity Newsletter - Winter 2014: Recent Developments in Acquisition Finance

Several recent legal developments will likely impact acquisition finance. A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an “Eligible Assignee” entitled to acquire...more

Attacking LBO Payouts as State Law Fraudulent Transfers

The United States Bankruptcy Court for the Southern District of New York (the “Court”) in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) recently held that the safe harbor...more

"English Schemes of Arrangement Expand to Continental Europe and Beyond"

A scheme of arrangement is a tool of English corporate law that has been used in M&A and restructurings for decades. A company implementing a scheme has complete freedom to choose with which groups of shareholders and...more

KB Toys: Don’t Play with Clouded Claims

In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a...more

A Value Play: Chapter 11 Mergers and Acquisitions

Chapter 11 is known as a forum for reorganizing or selling a financially distressed business. Chapter 11 allows companies to reject burdensome contractual obligations, shed non-core assets and “clean up” the balance sheet by...more

Rogers Towers: Use of FDIC Special Powers: Knowledge by the FDIC or its Assignees is Irrelevant

In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 U.S.C. § 1823(e), which bar claims and defenses against the FDIC and its assignees by private parties based on improperly...more

Private Equity Newsletter - Fall/Winter 2012: Recent Developments in Acquisition Finance

Certain recent legal developments will likely impact acquisition finance. This article will survey some of the more notable ones. We discussed in the last newsletter the Eleventh Circuit Court of Appeals’ decision in...more

Prohibition of Indebtedness in Joint Stock Companies and Limited Liability Partnerships

This article briefly discusses the prohibition of indebtedness of shareholders, partners, Board Members, Managers and their relatives in Joint Stock Companies and Limited Liability Partnerships, under the Turkish Commercial...more

Loose Lips Sink Hostile Bids: Delaware Chancery Court Enforces Non-Disclosure Agreement with Injunctive Relief

In an eloquent account of consensual merger negotiations between Martin Marietta and Vulcan Materials, the two largest players in the domestic aggregates business, Chancellor Leo Strine of the Court of Chancery of Delaware...more

VeraSun: Claims Under “Change in Control” Agreements Subject to Cap Governing “Employment Contracts”

In a recent decision in the VeraSun bankruptcy cases, the U.S. Bankruptcy Court for the District of Delaware held that “change in control” agreements between former executives and the debtors are “employment contracts” under...more

A Moment of Privacy -- October 2011

Q: Could my privacy policy hinder the liquidation of my company's assets? A: Possibly, yes. Since defunct online toy store Toysmart's privacy policy precluded its liquidation sale of its customer list a decade ago, most...more

Inside M&A - July/August 2011

In This Issue: The Top 5 Traps in Energy M&A Transactions The Top 5 Traps in Distressed M&A Transactions The Top 5 Traps in Energy M&A Transactions by Blake H. Winburne and Matthew R. Archer Energy M&A...more

Can Second Lien Lenders Be Heard In Connection With A 363 Sale? The Answer In Boston Generating Is A Resounding Yes.

Years ago, second lien lenders adhered to the truism about children – they were seen but not heard. As our children have grown more vocal in recent years, so too have second lien lenders. A spate of recent bankruptcy cases...more

Third Circuit Holds Section 1129(b)(2)(A) of the Bankruptcy Code Does Not Provide Secured Lenders With a Legal Entitlement to...

Does a secured creditor have an absolute right to acquire its collateral, which is sold pursuant to a plan of reorganization, by credit bidding its debt? The Third Circuit Court of Appeals, in a strict constructionist...more

Are we there, yet? Is Cincinnati Business on the Road to Recovery?

In the midst of conflicting reports about the nation’s economic recovery, questions abound among the tri-state’s business leaders and entrepreneurs. Are lenders ready to make loans again? When will we see unemployment numbers...more

What Lawyers Need to Know About the Codification of Accounting Standards by Michael A. Gillen and Steven M. Packer

Financial statements play an integral role in business as well as a multitude of legal matters, including, but not limited to, bankruptcy, mergers and acquisitions, shareholder disputes, fraud and class action activities. As...more

Insolvenzrecht - Neues Gesetz bezüglich der Fortführung von Unternehmen in Zahlungsschwierigkeiten.pdf

Mit dem neuen Gesetz vom 31. Januar 2009 über die Kontinuität von Unternehmen soll Unternehmen, die sich in Zahlungsschwierigkeiten befinden, die Möglichkeit gegeben werden, ihre Zahlungsprobleme zu überwinden. Bisher...more

Bankruptcy Mergers and Acquisitions in the U.S.

The fascinating osculation points of bankruptcy and M&A engages many different areas of law, including corporate, bankruptcy, securities, contracts, tax and antitrust law, as well as practical matters from other doctrines...more

How Investment Banks Can Enhance the Likelihood Their Fees Will be Paid in Full For Turnaround/Restructuring Services

This article provides investment banks and other professionals with an overview of (1) how to reduce the likelihood that a bankruptcy judge or trustee will deny or reduce the investment bank/professional's fees, and (2) how...more

22 Results
|
View per page
Page: of 1

Follow Bankruptcy Updates on: