Commercial Bankruptcy

Speakers Recommend Chapter 11 Changes to Effect Safer, More Efficient Proceedings

by Bernstein Shur on 5/25/2013

NEW YORK — Any revisions to the federal Bankruptcy Code's treatment of qualified financial contacts should amend the Code's safe harbors to narrow preferential treatment for counterparties while retaining the Code's push to...more

Defense to Bankruptcy Preference Actions For Parties Engaged in Securities or Commodities Industry and Those Involved with Forward...

by Letitia Accarrino | Wilentz, Goldman & Spitzer P.A. on 3/22/2013

If your company is sued to recover money or property transferred to it by a debtor prior to the filing of its bankruptcy petition, be aware that there is a potentially dispositive defense under Section 546(e) of the...more

The French Petroplus Law

by Olivia Lê Horovitz, François Lan | K&L Gates LLP on 3/7/2013

The Decree No. 2012-1190 of October 25, 2012 has recently clarified the Law No. 2012-346 of March 12, 2012 on protective measures (mesures conservatoires) applicable to French safeguard, recovery and liquidation proceedings,...more

When Lenders are the Losers in Bankruptcy Court...Well, Not so Fast

by Krystyna Blakeslee | Dechert LLP on 3/1/2013

Last October, I wrote about a scheme employed, in three separate bankruptcy cases, by debtors seeking to evade the absolute priority rule in order to keep the real property owned by the debtor in the hands of the ‘family’ at...more

Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy

by David E. Kronenberg, Casey Servais | Cadwalader - Financial Restructuring on 2/28/2013

Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the...more

IP Update, Vol. 16, No. 2, -- February 2013

by Evan Boetticher, Christopher Bright, Sarah Bro, Bernard Codd, Gabriel Daniel, Melissa Nott Davis, Paul Devinsky, Daniel Foster, D. Jeremy Harrison, Charles Hawkins, Sungyong “David” In, more +Christopher M. Koepke, John Low, Jennifer Mikulina, Sarika Singh, Rose S. Whelan | McDermott Will & Emery on 2/28/2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place...more

Focused on Franchise Law - February 2013

by Barry Kurtz on 2/26/2013

In This Issue: - Franchisor 101: Are Covenants Not-To-Compete Dischargeable In Bankruptcy? - Franchisee 101: Aloha-Distributorships Are Not Franchises - Mark Melton Has Become Of Counsel To The Firm...more

SDNY Denies Payment of Administrative Expense Claim by Relying on the Operative Document as a Whole and Rejecting a Statutory Rule...

by Emily Cohen | Cadwalader - Financial Restructuring on 2/26/2013

On December 13, 2012, Judge Vincent L. Briccetti from the United States District Court of the Southern District of New York denied the appellant Notes Trustee’s request to compel payment of an administrative expense claim....more

Business Litigation Report -- February 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/25/2013

In This Issue: Caveat Emptor: Emerging Issues for Buyers of Bankruptcy Claims Entertainment Litigation Update; Trial Practice Update; Japan Litigation Update; and Libor Litigation Update ...more

MNPI and NDAs: The Alphabet Soup of Getting Restricted

by Philip Abelson, Martin Bienenstock, Vincent Indelicato | Proskauer Rose LLP on 2/25/2013

Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI")....more

AMR Decision Highlights Bankruptcy Court Split on Enforceability of Ipso Facto Clauses

by Len Weiser-Varon | Mintz Levin - Public Finance on 2/20/2013

A recent ruling in the American Airlines bankruptcy case enforcing an automatic acceleration upon bankruptcy provision serves as a reminder that the enforceability of so-called ipso facto provisions in debt instruments...more

Indalex: What Are the Pension Implications?

by Anthony Devir, Ian McSweeney, Lesha Van Der Bij | Osler, Hoskin & Harcourt LLP on 2/11/2013

“When a business becomes insolvent, many interests are at risk. Creditors may not be able to recover their debts, investors may lose their investments and employees may lose their jobs. If the business is the sponsor of an...more

MF Global Judgment Clarifies Law on Client Money Entitlement

by Tim Aron, Edward Black | Katten Muchin Rosenman LLP on 2/10/2013

A High Court judgment by Mr. Justice Richards handed down on January 29 has confirmed that a client’s open positions on trades, made with a firm regulated by the UK Financial Services Authority (FSA) that subsequently enters...more

Rogers Towers: Denial of Discretion: Eleventh Circuit Lacks Jurisdiction to Hear Bankruptcy Appeal

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 2/7/2013

Even one year removed from the Supreme Court’s decision in Stern v. Marshall, which challenged the jurisdiction of a lower bankruptcy court, many practitioners and lenders alike are still left with unanswered questions...more

Latest Trends in the Enforceability of Make-Whole Premiums

by Ryan Jareck | Cole Schotz on 2/5/2013

A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through...more

Boom or Bust: Third Party Rights Against Liability Insurers of Bankrupt Entities in Bermuda and the U.K.

by Alex Potts | Sedgwick LLP on 2/4/2013

In the recent case of Re Kingate Management Limited (in Provisional Liquidation) [2012] SC (Bda) 52 Com, the Supreme Court of Bermuda considered the statutory rights of third party claimants to assert direct claims against...more

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

Mintz Levin - Bankruptcy, Restructuring &...

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters