Restructuring

News & Analysis as of

Distressed Download - March 2015

What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle - On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more

Membership Access Restricted

This article is addressed to clients and groups considering restructuring and aims to clarify one of the key obstacles in restructuring involving Cypriot companies, by explaining which structures are permitted and which...more

Restructurings and Distressed Investing — Planning the Perfect Exit

Investors must address several key issues at the outset of a restructuring to smooth the path to a successful realisation of their investment. The classic image of a restructuring situation is of the critically ill...more

Bond Restructurings in Germany Now Available More Broadly

German Federal Court of Justice decision paves the way for bond restructurings under 2009 Bonds Act. The German Federal Court of Justice (the Court) recently published its first decision on the reformed German Bond Act...more

Business Restructuring & Insolvency Year in Review

Excerpt from A Year in Review: We are pleased to say that 2014 was another successful year for Morrison & Foerster’s Business Restructuring & Insolvency Group. Despite continuing market headwinds, the last year brought...more

A New Tool for Holdout Bondholders: The Trust Indenture Act

Restructuring decision broadly interpreting bondholder protections under the Trust Indenture Act may significantly impact out-of-court restructurings. On December 30, 2014, the US District Court for the Southern...more

APCOA – The Key Highlights of 2014’s Most Discussed Scheme

On 30 October 2014, the English High Court sanctioned the second scheme of arrangement for the APCOA group (the “Scheme”). APCOA has been one of the hottest names in the restructuring market in 2014. First, it broke new...more

Lee v. Pincus et al., C.A. No. 8458-CB (Del. Ch. Nov. 14, 2014) (Bouchard, C.)

In this memorandum opinion, the Court of Chancery partially granted defendants’ motion to dismiss, holding that (i) plaintiff had stated a claim for breach of fiduciary duty against the Director Defendants because it was...more

Commercial Restructuring & Bankruptcy Alert - October 2014

In this issue: - Judge Says That Stockton, California Can Cut Pension Obligations - Third-Party Releases – Better Make Sure They Are Adequately Disclosed - Lawyers Who Sign Proofs of Claims for Clients...more

Restructuring in Higher Education

Since 2011, there have been an increasing number of restructurings in higher education. What may have started with the foreclosure and sale of ATI Schools and Colleges has continued this year with last month’s conversion of...more

The Delaware Court of Chancery Finds Two Transactions Were Not Entirely Fair, but Awards No Damages Where the Prices of the...

On September 4, 2014, the Delaware Court of Chancery issued two lengthy post-trial opinions, both authored by Vice Chancellor John W. Noble, finding that recapitalization or restructuring transactions did not satisfy the...more

Momentive Senior Noteholders Lose Fight for Make-Whole Premium

In connection with a contentious restructuring, Judge Drain of the Bankruptcy Court for the Southern District of New York, ruled recently that certain lenders to Momentive Performance Materials Inc. (Case No. 14-22503) had no...more

Dealmakers Q&A: Bilzin Sumberg's Jay Sakalo

Identifying the "most challenging" deal I've worked on should be straightforward, one would think. However, as most of my deals have involved distressed businesses over the years, virtually all of them started on the...more

Business Finance & Restructuring Q&A Series

The following discussion examines a number of factors that have complicated the bankruptcy process. It also offers a look at how out-of-court restructurings might be a more viable course for distressed business owners to...more

Restructuring of Unlisted EU Companies: AIFMD Applies to Non-EU Fund Managers on Acquisitions of Substantial Stakes

The Alternative Investment Fund Managers Directive (“AIFMD”) imposes restrictions on “asset stripping” on managers (“AIFMs”) of alternative investment funds (“AIFs”) that acquire control of EU companies. The rules contain...more

Five Keys to Reducing Behavior Risk During Mergers, Acquisitions and Other Major Organizational Change

A recent blog post by Ethics Resource Center President Pat Harned, reported on findings from the ERC 2013 National Business Ethics Survey (NBES) of significantly more observed misconduct in companies that are under stress...more

Detroit Bankruptcy Update: Restructuring the Restructuring Plan

On Friday July 25, 2014, the City of Detroit released a revised restructuring plan that provides for a reserve fund that may enhance the recovery for certain classes of unsecured creditors. The plan also creates a...more

Doing Business in Canada: Bankruptcy and Insolvency

BANKRUPTCY & INSOLVENCY - In Canada, an “insolvent company” (or “person”) refers to an entity which is not bankrupt and which resides, carries on business or has property in Canada; and which is unable to meet or has...more

Career Moments Are On The Rise, Mitigate Your Risk With Compliance Training

Have you ever heard of a “career moment”? A career moment is defined as a moment in an employee’s career that represents some form of major change. Last week we hosted two regional events, one in Chicago and one in...more

New Mexico Hearing Examiner Confirms October Hearing on PNM Application to Abandon San Juan ?Generating Stations Unit 2 and 3 ?

Earlier this month, Public Service Company of New Mexico (PNM) filed a notice of the status of negotiations among the San Juan Generating Station (SJGS) participants relating to the ownership restructuring of SJGS plants 1...more

A Conversation with Lindsay Chu on Asia Restructurings [Video]

Latham & Watkins co-hosted a senior level industry summit with ASIFMA in Hong Kong entitled "Maximizing Outcomes in Upcoming Restructurings." Lindsay Chu, Managing Director, HSBC, Hong Kong, shares insights from the summit....more

A Conversation with John Houghton on Asia Restructurings [Video]

Latham & Watkins co-hosted a senior-level industry summit with ASIFMA in Hong Kong entitled "Maximizing Outcomes in Upcoming Restructurings" where Latham partner John Houghton addressed key issues European companies need to...more

Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate...

Companies that have valuable assets but also face significant liabilities will sometimes engage in restructurings to isolate, or “ring-fence,” the good assets from the liabilities. Often the companies are able to accomplish...more

Detroit Bankruptcy Update: Sixth Circuit Throws Wrench into Restructuring Timetable

Earlier this month the Sixth Circuit Court of Appeals ruled that the appeal of Syncora Guarantee Inc. must be heard by the lower federal district court before the bankruptcy court may conduct its trial on the city’s proposed...more

Global Insight: News, Views and Analysis from DLA Piper’s Global Restructuring Group - Issue 10, Q2 2014

In This Issue: - WHAT DOES THE DELAWARE CHANCERY COURT’S RURAL/METRO RULING MEAN FOR ADVISORS TO DISTRESSED COMPANIES? - US: OUTLOOK FOR CORPORATE RESTRUCTURING - RABOBANK DECISION — SPECIAL DUTY OF...more

91 Results
|
View per page
Page: of 4