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Fox Rothschild LLP

When Subchapter V Management Misbehaves: “For Cause” Expansion Of A Subchapter V Trustee’s Management Duties

Fox Rothschild LLP on

Somewhere in our rough memories of high school science, we should recall the general principle that a gas will always expand to fill a given void. Although the Bankruptcy Code diverges markedly from scientific principles,...more

McGuireWoods LLP

Senators Propose COVID-19 Bankruptcy Relief Extension Act to Extend Covid-19 Changes to the Bankruptcy Code

McGuireWoods LLP on

The COVID-19 pandemic hit the United States with force in March 2020. As the virus rapidly spread, the federal government responded with temporary changes to the Bankruptcy Code through the Coronavirus Aid, Relief, and...more

Patterson Belknap Webb & Tyler LLP

All in a Day’s Work. Belk Achieves Confirmation of Pre-Packaged Plan in Record Time

On Wednesday, February 23, just after 5:00 p.m., Belk, Inc. – a North Carolina-based department store chain – and its affiliates filed voluntary petitions under Chapter 11 of the Bankruptcy Code. Less than 24 hours later,...more

Greenberg Glusker LLP

SAREs Revisited

Greenberg Glusker LLP on

Clothing stores, restaurants, gyms and other businesses find themselves in a $52 billion and growing hole of unpaid retail rent that’s been missed since April 2020. According to CoStar Group Inc. TIAA Real Estate Account –...more

Troutman Pepper

2020 Consumer Financial Services Year in Review & A Look Ahead

Troutman Pepper on

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Robins Kaplan LLP

Financial Daily Dose 3.3.2021 | Top Story: Rare Merck-J&J Partnership to Boost U.S. Vaccine Production

Robins Kaplan LLP on

In a move we hinted at here recently, drug giant Merck is partnering with rival Johnson & Johnson to help produce production of J&J’s single-shot coronavirus vaccine. This unprecedented “Coke & Pepsi of the pharma world”...more

Chambliss, Bahner & Stophel, P.C.

Senate Bill Would Discharge Substantial Student Loan Debt to Medically Distressed

On February 2, 2021, Democratic Sens. Whitehouse, Brown, Blumenthal, Baldwin, and Warren introduced the Medical Bankruptcy Fairness Act of 2021. This Act resembles bankruptcy reform bills that the senators introduced in prior...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recognition of Restructuring and Insolvency Proceedings

Although the Trade and Cooperation Agreement (TCA) arrived in time to prevent a wholesale “no deal Brexit,” issues of cross-border cooperation and recognition in relation to insolvency and restructuring proceedings were not...more

Dentons

Unfair preference claims and the s553C set-off: Renewed criticism of recent cases

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The debate about whether a s553C set-off is available in response to an unfair preference claim has resurfaced....more

Liskow & Lewis

Top 10 Labor and Employment Issues in Bankruptcy

Liskow & Lewis on

The next phase in the ever evolving COVID-19 and coronavirus crisis are the upcoming bankruptcies. This year was already shaping up to be an interesting year, but the coronavirus rapidly accelerated bankruptcy declarations....more

Pillsbury Winthrop Shaw Pittman LLP

Subchapter V Alert–Congress Begins Legislative Action to Extend $7.5 Million Debt Ceiling, Which Remains Set to Expire on March...

Congress introduces legislation to extend the $7.5 million debt ceiling for Subchapter V eligibility for an additional year to March 27, 2022. Subchapter V was designed to be a cost-effective distress tool for small...more

Patterson Belknap Webb & Tyler LLP

“Diminishing” Returns: A Pre-Petition Change of Life Insurance Beneficiary is Not Subject to Avoidance as a Fraudulent Transfer

Does a debtor’s pre-petition change of the beneficiary of a life insurance policy constitute a “transfer” of an interest of the debtor in property? Not according to the U.S. Bankruptcy Court for the Eastern District of North...more

Foley & Lardner LLP

Reading the Leaves: What's in Store for Cannabis in 2021

Foley & Lardner LLP on

On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more

White & Case LLP

Chapter 11 cases soared in 2020, with more distress likely in 2021

White & Case LLP on

Commercial chapter 11 filings in the US increased significantly in 2020, but government stimulus measures and widespread availability of fresh capital resulted in fewer corporate restructurings than many anticipated—that...more

Pillsbury Winthrop Shaw Pittman LLP

Negative Amortization Chapter 11 Plans as a Potential Bridge Over the Economic Recovery Gap

Hospitality debtors with substantial equity but prolonged depressed revenues due to COVID-19 may find negative amortization, a tool used sparingly pre-pandemic, helpful in the restructuring of mortgage debt under a chapter 11...more

Bradley Arant Boult Cummings LLP

Bradley’s Bankruptcy Basics: Chapter 7 Bankruptcy — Liquidation

Chapter 7 bankruptcy cases are straight liquidations sought by debtors who wish to have most or all of their debts discharged. In Chapter 7 cases, the Chapter 7 trustee obtains control over the debtor’s assets and evaluates...more

Proskauer Rose LLP

A Game of Survivor: Private Credit Restructuring Year in Review

Proskauer Rose LLP on

Private credit lenders started 2020 both with anticipation and trepidation.  Activity levels were strong and default levels were at historic lows, but private credit lenders worried about the risk of economic headwinds –...more

White & Case LLP

Schemes and Restructuring Plans: Challenging Times?

White & Case LLP on

The economic impact of the COVID-19 pandemic led to a wave of creditor schemes of arrangement ("schemes") and restructuring plans ("RPs") in the second half of 2020, which shows no sign of abating in 2021. For the...more

Weil, Gotshal & Manges LLP

Delaware Bankruptcy Court Weighs in: Debtors Are Not Excluded From Bankruptcy Code’s Definition of “Financial Participant” and...

In a recent decision, the U.S. Bankruptcy Court for the District of Delaware (Shannon, J.) rejected an argument that the safe harbor provision of section 546(e) of the Bankruptcy Code is not available to debtors because...more

Dentons

Vaccines, lockdowns and governance: Five questions boards should be asking as we emerge from COVID-19

Dentons on

As vaccines get rolled out and lockdowns get rolled back, there’s no doubt countless people across the globe will breathe a deep sigh of relief. While there are no guarantees that the worst of the COVID pandemic is over,...more

Morgan Lewis - Power & Pipes

Assumption and Rejection of Midstream Agreements in Bankruptcy

Is a midstream contract treated the same as other executory contracts in bankruptcy, subject to assumption and rejection pursuant to the US Bankruptcy Code? An executory contract is any contract of the debtor where both the...more

Katten Muchin Rosenman LLP

Structuring a PDP Loan to Protect the Lender From an Airline Bankruptcy

The purchase agreement between an aircraft manufacturer and its customer will call for the customer to pay installments of the purchase price between the time the agreement is entered into and the delivery of the aircraft....more

Kramer Levin Naftalis & Frankel LLP

Third Circuit Denies Appeal of Confirmation Order as Equitably Moot

In In re Nuverra Environmental Solutions, Inc., Case No. 18-3084, the Third Circuit affirmed the opinion of the District Court for the District of Delaware denying the confirmation appeal of an unsecured noteholder as...more

Fox Rothschild LLP

Hedge Fund Founder Pleads Guilty To Bankruptcy Fraud In Connection With Neiman Marcus Bankruptcy

Fox Rothschild LLP on

In many chapter 11 cases, a committee of unsecured creditors is formed early in the case to represent the overall interests of unsecured creditors. See 11 U.S.C. § 1102. Members of the committee hold a “fiduciary” obligation...more

Schnader Harrison Segal & Lewis LLP

New Bankruptcy Code Section Will Help Landlords and Suppliers and Their Tenants and Customers Affected by Covid-19

In the Consolidated Appropriations Act of 2021 (the “Act”), signed into law by President Trump on December 27, 2020, Congress reduced the risk for companies in working with businesses that have been negatively impacted by...more

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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