News & Analysis as of

Chapter 11 Corporate Restructuring

Seward & Kissel LLP

Solar Flare, Security Breach, and Therapeutic Treatment

Seward & Kissel LLP on

Residential Solar Firm Lumio Files Bankruptcy, Plans to Sell | Bloomberg - Privately owned provider of residential solar panels Lumio filed for Chapter 11 bankruptcy on Tuesday in Delaware with plans to sell its company to...more

Seward & Kissel LLP

Lots of Questions, Highly Effective, and Judicial Scrutiny

Seward & Kissel LLP on

Big Lots bankruptcy reports send shares tumbling to record lows for Columbus retailer | The Columbus Dispatch - Home goods retail chain Big Lots Inc. is considering filing for bankruptcy after years of decreased sales. The...more

Conyers

Restructuring in the Cayman Islands: The New Regime

Conyers on

On August 31, 2022, significant amendments to Part V of the Cayman Islands Companies Act (“Act”) took effect to revamp the Cayman Islands restructuring regime. These amendments introduced the new role of a court-appointed...more

Jones Day

Third Circuit: Unsecured Claim for Royalties from Intellectual Property Purchased by Debtor Discharged Under Chapter 11 Plan

Jones Day on

Mitigating risk of loss associated with a bankruptcy filing should be an element of any commercial transaction, especially if it involves a sale or license of intellectual property rights. A ruling recently handed down by the...more

Hahn Loeser & Parks LLP

Ohio: An Introduction to Bankruptcy/Restructuring (Chambers)

In 2023, despite aggressive predictions of a near-term recession, the economy remained relatively steady. This resulted in an uneven year for restructuring. Substantial money has been raised in the private credit markets and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva

Building on emerging trends, 2024 has seen a continued rise in the use of equity-linked debtor-in-possession (DIP) financing in Chapter 11 cases. Recent examples from WeWork and Enviva illustrate how stakeholders are...more

Skadden, Arps, Slate, Meagher & Flom LLP

SDNY Adopts Guidelines for Combined Hearing on Disclosure Statement Approval and Chapter 11 Plan Confirmation

On May 31, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York (SDNY) entered General Order M-634, adopting guidelines for combining the processes for Chapter 11 plan confirmation under...more

Jones Day

Business Restructuring Review Vol. 23 No. 3 | May-June 2024

Jones Day on

In In re Pack Liquidating, LLC, 2024 WL 409830 (Bankr. D. Del. Feb. 2, 2024), the U.S. Bankruptcy Court for the District of Delaware ruled that, in accordance with Third Circuit precedent, the Bankruptcy Code, rather than...more

Buckingham, Doolittle & Burroughs, LLC

Bankruptcy Chapter 11 Subchapter V Debt Eligibility Limit to Decrease to $2.7 million on June 21, 2024

Businesses in financial distress have multiple options to consider when attempting to reorganize or liquidate. A state court receivership or Chapter 7 Bankruptcy are likely options for liquidation when there are significant...more

Seward & Kissel LLP

Supreme Court Okey-Doke, LME Double Dip, Audacy Tuning Out, and PO Boxing Match

Seward & Kissel LLP on

US Supreme Court Lets $2.46 Billion Boy Scouts Sex Abuse Settlement Proceed | Reuters - On Thursday, the U.S. Supreme Court permitted the Boy Scouts of America’s $2.46 billion settlement with sexual abuse victims to...more

Seward & Kissel LLP

Three’s Company, Express Elevator (Down), and Please Stay

Seward & Kissel LLP on

Genetic test maker Invitae files for bankruptcy protection in US | Reuters - On Tuesday, Invitae, the San Francisco-based genetic test maker, filed for voluntary Chapter 11 bankruptcy protection in a U.S. bankruptcy court...more

Skadden, Arps, Slate, Meagher & Flom LLP

SDNY Amends Guidelines for Prepackaged Chapter 11 Cases

On January 22, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York entered General Order M-621 adopting amended procedural guidelines governing prepackaged Chapter 11 cases....more

Jones Day

Business Restructuring Review November–December 2023 | Vol. 22 No. 6

Jones Day on

Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary In Every Health Care Business Bankruptcy Case - Recent headlines have starkly illuminated the headwinds facing health care providers struggling...more

A&O Shearman

Interpreting the UNCITRAL Model Law on Cross-Border Insolvency: Singapore courts adopt a uniform, consistent and expansive...

A&O Shearman on

Creditors involved in cross-border restructuring or insolvency proceedings of corporate groups will find that the approach of the Singapore courts to questions of cross-border insolvency provides the assurance of an orderly...more

Conyers

Orienteering Change: Navigating Restructuring Under the New Cayman Islands Regime

Conyers on

After a substantial industry consultation process, the Cayman Islands introduced the concept of Court-appointed restructuring officers into Part V of the Cayman Islands Companies Act (the “Companies Act”) with effect from 31...more

Jones Day

Business Restructuring Review September-October 2023 | Vol. 22 No. 5

Jones Day on

Section 546(e) of the Bankruptcy Code’s “safe harbor” preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings...more

Ankura

Avoid the B-word! In Times of Financial Stress, Being Proactive Ensures You Have Options

Ankura on

“How did you go bankrupt? “Two ways. Gradually, then suddenly.” - Ernest Hemingway, The Sun Also Rises Whether from internal or external factors, every company at some point will experience financial stress. The key to...more

Pillsbury Winthrop Shaw Pittman LLP

Gatekeeping Provisions in Chapter 11 Plans May Be Alternative to Nonconsensual Nondebtor Releases

Nonconsensual nondebtor releases have been a key reason businesses facing mass tort claims have filed for bankruptcy. They hope chapter 11 will result in a faster, less expensive resolution of mass tort claims than class...more

Holland & Hart LLP

How A Union Fight Played A Key Role In Yellow's Bankruptcy

Holland & Hart LLP on

Trucking giant Yellow Corp. skuttled operations and filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware on Aug. 6, a mere three years after receiving $700 million in pandemic-era relief...more

Conyers

Schemes of Arrangement: Restructuring in the Cayman Islands

Conyers on

These continue to be challenging times and we recognize that the need for cross-border advice on insolvency and restructuring matters may be required at short notice. Conyers’ attorneys are insolvency and restructuring...more

Seward & Kissel LLP

Building Blocks, LTL 2.0 DOA, FTX First Try, and UST Last Chance Saloon

Seward & Kissel LLP on

BlockFi’s Chapter 11 plan progresses with conditional court approval | Cointelegraph - United States Bankruptcy Court for the District of New Jersey recently conditionally approved Blockfi’s disclosure statement. If the...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy and Restructuring Considerations for De-SPACed Companies

Distressed de-SPACed companies are increasingly turning to chapter 11 as a means of restructuring their debts and preserving going-concern value. Many de-SPAC mergers in 2020 and 2021 involved pre-revenue or...more

Good2bSocial

Podcast Episode 186: Restructure This!

Good2bSocial on

In this episode of the Legal Marketing 2.0 Podcast, Guy is joined by Justin Bernbrock. Justin Bernbrock is a partner in Sheppard Mullin’s Chicago office and the head of Chicago’s complex restructuring team. Justin has worked...more

Greenberg Glusker LLP

What’s Insolvency Got to Do With it Anyway? Assessing “Bad Faith” Bankruptcy Filings Following In Re Aearo

Greenberg Glusker LLP on

Bankruptcy courts possess broad discretion to dismiss chapter 11 bankruptcy cases for “cause” under Section 1112(b) of the Bankruptcy Code. While the Bankruptcy Code enumerates a long (though non-exhaustive) list of instances...more

Skadden, Arps, Slate, Meagher & Flom LLP

Early Stage Capital Raising Trends in Chapter 11 Reorganizations

Rights offerings have become a key tool for companies in Chapter 11. They can address liquidity needs, help demonstrate plan feasibility and facilitate plan negotiations. Rights offerings, however, may also serve as...more

110 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide