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Commercial Law & Contracts › Alternative Dispute Resolution (ADR) › Bankruptcy

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

King & Spalding

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

Lowenstein Sandler LLP

Innovative Solutions Must Be Applied to Fronting Insurance and Collateral Problems in Bankruptcy

by Nicole Stefanelli, Andrew S. Zimmerman | Lowenstein Sandler LLP on 3/6/2013

Large businesses and organizations that self-insure their legally mandated insurance requirements often use “fronting” policies in which the policyholder must reimburse insurers for all losses and expenses paid on the...more

Cadwalader - Financial Restructuring

In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration

by Michele Maman, Michael Stevens | Cadwalader - Financial Restructuring on 2/4/2013

On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,...more

Cadwalader - Financial Restructuring

Hostess to Liquidate

by Cadwalader - Financial Restructuring on 11/28/2012

After a final mediation session between Hostess and its unions failed to put Hostess’s reorganization back on track, Bankruptcy Judge Robert Drain authorized the orderly wind down of Hostess’s operations. As a result, Hostess...more

Saul Ewing LLP

Governor Corbett Signs into Law an Amendment to Act 47 Concerning Distressed Municipalities in Pennsylvania

by Saul Ewing LLP on 7/9/2012

On July 5, 2012, Governor Tom Corbett signed into law Senate Bill No. 1321, designated as Act 133 of 2012 ("Act 133"), which amends the Municipalities Financial Recovery Act, P.L. 246, No. 47, as amended ("Act 47"), to (i)...more

Mintz Levin - Bankruptcy, Restructuring &...

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

Cadwalader, Wickersham & Taft LLP

Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement

by Cadwalader, Wickersham & Taft LLP on 4/27/2012

On March 9, 2012, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York held that a claim for damages resulting from a debtor’s breach of an executory contract must be arbitrated...more

Jackson Walker

Mass Preference Litigation: Strategies And Pitfalls (Including The Use Of Streamlined Procedures And Mediation)

by Jackson Walker on 10/27/2011

TABLE OF CONTENTS PART A-- PLAINTIFF ISSUES ...1 I. APPLICATION OF THE TWOMBLY/IQBAL TO PREFERENCE ACTIONS ...2 A. Rule 12(b)(6) Decisions Pre-Twombly/Iqbal...2 B. Bankruptcy Courts After the Higher...more

What is the dollar in the United States

by Dan Goodman on 9/30/2011

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

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