A recent Bankruptcy Court decision granted recognition to a Mexican concurso mercantile and gave full force and effect to a Mexican concurso plan that contained nonconsensual third-party releases....more
3/17/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 15 ,
Comity ,
Cross-Border ,
Debtors ,
Harrington v Purdue Pharma L P ,
Insolvency ,
Mexico ,
SCOTUS
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
7/25/2023
/ Bankruptcy Code ,
Business Plans ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Interest Rates ,
Investors ,
Liquidity ,
Private Equity ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs)
The Ninth Circuit became the first circuit-level court to address the correct rate of interest for unimpaired, unsecured creditors of a solvent chapter 11 debtor.
The Ninth Circuit held that the common law “solvent debtor...more
The Third Circuit’s recent decision in In re Orexigen Therapeutics Inc., 990 F.3d 748 (3d Cir. 2021) holds that section 553 of the Bankruptcy Code, which governs creditor setoffs, requires “strict bilateral mutuality.” As a...more
5/11/2021
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Healthcare ,
Insolvency ,
Mutuality ,
Restructuring ,
Section 553 ,
Set Off