News & Analysis as of

Bankruptcy Plans Debt Restructuring

Mandelbaum Barrett PC

What are Your Options if Your Veterinary Practice is Facing Financial Challenges?

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When your veterinary practice is experiencing financial difficulties, it is crucial to address those problems promptly to prevent issues from escalating. It is more effective to take proactive measures early rather than...more

BCLP

Fair's fair: the concept of fairness in Part 26A Restructuring Plans

BCLP on

Since its inception under CIGA 2020, there has been no shortage of legal commentary on the effectiveness of the legislation governing Part 26A Restructuring Plans, and the ways in which the judiciary have interpreted and...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Spain (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SPANISH LAW - I. INTRODUCTION -REGULATION OF INSOLVENCY OF COMPANIES AND INDIVIDUALS. We believe that the opportunity to present this article...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Slovakia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - We present here the following answers to the questions mentioned in the ILN Restructuring & Insolvency Collaborative Paper which reflect...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Thailand (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER THAI LAW - The law of Thailand regarding insolvency, bankruptcy and rehabilitation proceeding are stipulated and applied through Thai Bankruptcy Act...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Spain

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SPANISH LAW - I. INTRODUCTION -REGULATION OF INSOLVENCY OF COMPANIES AND INDIVIDUALS. We believe that the opportunity to present this article comes...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Slovakia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - We present here the following answers to the questions mentioned in the ILN Restructuring & Insolvency Collaborative Paper which...more

A&O Shearman

Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations

A&O Shearman on

Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15 billion to over $3 trillion...more

Quarles & Brady LLP

Intercreditor Agreements in Bankruptcy: How Intercreditor Agreements shape the proceedings and outcomes for secured creditors

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Junior and Senior Lenders work hard to negotiate Intercreditor Agreements. What difference does it make? Isn’t it enough to simply agree that the Junior Lender is in a junior position? This article follows a borrower,...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Slovakia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - 1. Presentation of the bankruptcy/insolvency/rehabilitation proceedings in the Slovak Republic and their main differences. ...more

Proskauer Rose LLP

Private Credit Lenders – Navigating Successor Liability Issues

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The primary investment thesis of a private credit lender is simple — get the loan repaid at maturity. Private credit lenders do not make loans as a means to acquire their borrower’s business. There are circumstances, however,...more

Dorsey & Whitney LLP

Bankruptcy Topics In Distressed Real Estate

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Bankruptcy cases involving commercial real estate present a multitude of problems. Those problems typically arise in the context of voluntary cases filed under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532...more

Jackson Walker

Using Prepackaged Plans to Speed Through Bankruptcy Courts by Veronica Polnick

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Not all bankruptcy plans need to be drawn-out or costly affairs. Jackson Walker attorney Veronica Polnick explains how a bankruptcy prepack plan speeds up the time it takes to emerge from bankruptcy proceedings. One such...more

Sands Anderson PC

J. Crew and Madewell File Bankruptcy in Richmond, Virginia

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Today, Chinos Holdings, Inc. and its affiliates—including clothing brands J. Crew and Madewell—filed for Chapter 11 bankruptcy protection in the Richmond Division of the United States Bankruptcy Court for the Eastern District...more

Buckingham, Doolittle & Burroughs, LLC

Key insights to help you navigate COVID-19 related bankruptcy and other debt restructuring options

There is no question that the COVID-19 pandemic is causing many businesses to suffer interruptions and financial distress. Some business owners are contemplating bankruptcy and other debt restructuring options...more

Patterson Belknap Webb & Tyler LLP

Big Progress in Big Cases: PG&E and Puerto Rico are Making Strides Towards Achieving Creditor Consensus

There has been considerable progress towards resolution in two of the largest bankruptcy cases pending in the United States: the Commonwealth of Puerto Rico and the California utility, Pacific Gas & Electric. Several...more

Moritt Hock & Hamroff LLP

Countdown to the Small Business Reorganization Act of 2019: New Law Taking Effect in February 2020 May Make Chapter 11...

In February, a new bankruptcy chapter directed at small businesses will take effect.  The Small Business Reorganization Act of 2019 (SBRA) was signed into law on August 23 by President Trump and should help make bankruptcy a...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings In Slovakia

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - 1. Presentation of the bankruptcy/insolvency/rehabilitation proceedings in the Slovak Republic and their main differences. ...more

Kramer Levin Naftalis & Frankel LLP

Southern District of New York Dismisses Securities Law Claims on Grounds of International Comity; No Chapter 15 Proceeding...

Recently in Ema Garp Fund v. Banro Corp., Case No. 18-01986 (S.D.N.Y. Feb. 21, 2019), the District Court for the Southern District of New York dismissed the plaintiffs’ claims against defendants Banro Corporation ("Banro")...more

Patterson Belknap Webb & Tyler LLP

Puerto Rico’s Restructuring: A Brief Update

There have been two significant developments in the ongoing restructuring case for the Commonwealth of Puerto Rico. First, as was widely expected, District Judge Laura Taylor Swain entered orders on February 4 and 5,...more

Kramer Levin Naftalis & Frankel LLP

Horizontal Gifting Upheld in Chapter 11 Plan in the Third Circuit

The Bottom Line - In Hargreaves v. Nuverra Environmental Solutions Inc. (In re Nuverra Environmental Solutions Inc.), 17-1024 (D. Del. Aug. 21, 2018), a Delaware district court upheld a bankruptcy court’s ruling that the...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Momentive Decision Adopts Two-Step Test for Cramdown Rate; Creates Make-Whole Circuit Split

On October 20, 2017, the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision in In re MPM Silicones, LLC (“Momentive”) holding that, with one important exception, that the plan of reorganization...more

Robins Kaplan LLP

Expanding the Unconditional Right to Intervene: A Win for UCC’s

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Expanding a split among circuit courts, the First Circuit recently set precedent promoting the unconditional right of creditors’ committees to participate in all aspects of bankruptcy cases. Reversing a lower court, in In...more

Sands Anderson PC

“First Day” hearings for Gymboree Chapter 11 filing

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Sands Anderson’s bankruptcy lawyers attended today’s “First Day” hearings in the chapter 11 bankruptcy case of The Gymboree Corporation and its affiliates. Gymboree operates approximately 1,300 children’s apparel and retail...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Holds That Valuation of Secured Creditor’s Collateral in Chapter 11 Need Not Be Based on Property’s Highest and Best...

On May 26, 2017, an en banc panel of the Ninth Circuit Court of Appeals issued an opinion with important ramifications for secured lenders. The Ninth Circuit held that for purposes of determining the amount of a secured...more

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