The recent detention of a restructuring professional in the United Arab Emirates serves as a stark reminder that directors and officers of insolvent or distressed companies can face personal liability for their actions or...more
1/31/2024
/ Bankruptcy Court ,
Books & Records ,
Chapter 13 ,
Civil Liability ,
Corporate Counsel ,
Corporate Restructuring ,
Criminal Liability ,
Insolvency ,
Limited Liability Company (LLC) ,
Liquidation ,
Saudi Arabia ,
United Arab Emirates (UAE)
An otherwise viable business experiencing a cash flow crisis may seek relief under Chapter Four of the Kingdom of Saudi Arabia (“KSA”) Bankruptcy Law (“Bankruptcy Law”), a flexible statute that helps facilitate the financial...more
Fifth Circuit Concludes That Forced Change of Control Was Not The Product of Duress -
The U.S. Court of Appeals for the Fifth Circuit affirmed a lower court’s rejection of a guarantor’s duress defense in the face of a $58...more
Since its enactment, aviation related companies have received well over $50 billion in grants and loans under the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) that was passed in March 2020. But how do...more
In a decision entered just before the end of the year in the PG&E bankruptcy cases, Judge Montali issued an opinion (the “Opinion”) finding that unsecured creditors in a solvent bankruptcy case are entitled under the...more
On December 19, 2019, the Second Circuit Court of Appeals issued an opinion (the “2019 Opinion”) arising out of the In re Tribune Company Fraudulent Conveyance Litigation,[i] finding that Tribune Company, which employed...more
On April 23, 2019, Judge Cote of the District Court for the SDNY, issued an opinion in In re Tribune Company Fraudulent Conveyance Litigation, finding that the Tribune Company, which employed Computershare Trust Company...more
On March 26, 2019, the First Circuit Court of Appeals, affirming a decision by the District Court emanating out of the Puerto Rico Title III bankruptcy cases, found that Sections 928(a) and 922(d) of the Bankruptcy Code...more
4/2/2019
/ Appeals ,
Article III ,
Bankruptcy Code ,
Chapter 9 ,
Liens ,
Municipal Bankruptcy ,
Municipal Bonds ,
Popular ,
Puerto Rico ,
Secured Debt ,
Tax Revenues ,
Tolls
On February 14, 2019, Judge Lane of the Bankruptcy Court for the SDNY issued an opinion in Republic Airways Holdings Inc. addressing whether the liquidated damages provisions in certain aircraft “true leases” under Article 2A...more
2/20/2019
/ Actual Damages ,
Aircraft Financing ,
Debtors ,
Fair Market Value ,
Guarantors ,
Lease Financing ,
Lease Term ,
Lessor ,
Liquidated Damages ,
Public Policy ,
Unenforceable Contract Terms ,
Uniform Commercial Code (UCC) ,
Value-Based Fees
On June 11, 2018, Mission Product Holdings, Inc. (“MPHI”), a developer of chemical free cooling fabrics, petitioned the U.S. Supreme Court for a writ of certiorari to resolve a circuit split on whether a licensee’s right to...more