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Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Kramer Levin Naftalis & Frankel LLP

Ninth Circuit Permits Exculpation in Chapter 11 Plan, Distinguishing Earlier Precedent Barring Nonconsensual Nondebtor Releases

The Ninth Circuit, in Blixseth v. Credit Suisse, 961 F.3d 1074, 1078 (9th Cir. 2020), issued a significant decision on the issue of whether nonconsensual third-party releases are ever permitted in Chapter 11 plans....more

Miles & Stockbridge P.C.

Maryland Bankruptcy Court Rules PPP Funds and Lease Rejection Damages Claims Not Considered for Purposes of Debtor Eligibility...

The Small Business Restructuring Act of 2019, Pub. L. 116-54, 133 Stat. 1079 (Aug. 23, 2019) (SBRA) became effective February 19, 2020. SBRA, among other things, created a new Subchapter V under Chapter 11 of Title 11 of the...more

Bryan Cave Leighton Paisner

A Case for Fewer First Day Motions

Chapter 11 petitions usually are accompanied by a panoply of first day motions.  A newly-minted chapter 11 debtor needs to be able to - among other things - pay its employees and continue employee benefits in the ordinary...more

Jones Day

Matalan: (Some) Additional Clarity on the Impact of English Schemes and Chapter 15 on CDS

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The Situation: On August 11, 2020, a Credit Derivatives Determinations Committee for EMEA ("DC") unanimously determined that the Chapter 15 filing by British retailer Matalan triggered a Bankruptcy Credit Event under standard...more

Patterson Belknap Webb & Tyler LLP

Delaware Bankruptcy Court Rejects Late Filings of Asbestos Claims

Last February, we blogged about the Third Circuit’s decision in In re Energy Future Holdings Corp, No. 19-1430, 2020 U.S. App. LEXIS 4947 (Feb. 18, 2020). The Third Circuit approved a process for resolving asbestos claims in...more

King & Spalding

Energy Newsletter - September 2020

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Climate Change Litigation on the Horizon with Trump Environmental Overhaul - On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more

Ward and Smith, P.A.

What Do You Get When You Cross a $137,000 Cartier Necklace and a Debtor With Selective Amnesia? A Chapter 11 Trustee.

Ward and Smith, P.A. on

When a debtor files bankruptcy under Chapter 11, the bankruptcy court does not automatically appoint a trustee. Unlike Chapter 7, where the court appoints a trustee to investigate the debtor's assets, liquidate assets, and...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 5, September 2020

Three Important Ways the COVID-19 Pandemic is Changing the Delivery of Consumer Financial Services - The world continues to come to grips with the daily changes brought by the COVID-19 pandemic. Schools contemplate...more

Holland & Knight LLP

When Considering Bankruptcy, Don't Forget About Environmental Obligations

Holland & Knight LLP on

With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more

Lowenstein Sandler LLP

Now Is The Time For Investors To Go Shopping

Lowenstein Sandler LLP on

There is great fear and uncertainty in the market. Retailers and restaurateurs have been reeling from the inability to serve customers. Curbside pickup and home delivery do not compensate. Oil and gas bankruptcies also are...more

Hogan Lovells

Call for consistency – Hong Kong Court delivers double message to insolvency practitioners

Hogan Lovells on

In a pair of recent contrasting judgments, Re Agritrade Resources Ltd [2020] HKCFI 1967 and Re Rare Earth Magnesium Technology Group Holdings Ltd [2020] HKCFI 2260, the Hong Kong Court has once again confirmed its pragmatic...more

Epiq

The Pandemic Strikes Again: Energy Sector Bankruptcies Rise

Epiq on

While the airline industry has benefited from a special federal stimulus loan package tied to the impact of COVID-19, the energy industry has not been as fortunate to date. Many energy companies were distressed before the...more

Bradley Arant Boult Cummings LLP

Individual Chapter 11 Cases Under New Subchapter V

IN BRIEF - • The current economic decline caused by the COVID-19 pandemic will result in a surge of debtors in need of bankruptcy protection. • Subchapter V to the rescue! Despite some burdens on debtors, the advantages...more

Goodwin

UK Corporate Insolvency and Governance Act 2020 Brings Significant Changes to Law

Goodwin on

The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...more

Bowditch & Dewey

Six Questions About Involuntary Bankruptcy

Bowditch & Dewey on

Trying to collect money from someone who cannot or will not pay you is frustrating. That old chestnut about throwing good money after bad comes to mind. Placing an individual or firm (your “debtor”) into bankruptcy is a...more

Foley & Lardner LLP

Delaware Affirms Limitation of Vicarious Liability Within Global Networks

Foley & Lardner LLP on

In a win for the accounting profession and other member firm networks, the Delaware Court of Chancery clarified the limits of vicarious liability within such networks. On August 21, 2020, the Court held in Otto Candies, LLC...more

Buchalter

Hotel Bankruptcies: 8 Key Issues for Hospitality Advisors

Buchalter on

The COVID-19 pandemic has forced many hospitality professionals and their clients to confront bankruptcy, insolvency, and loan workout issues for the first time since the Great Recession. Chapter 11 presents a host of unique...more

Mintz - Bankruptcy & Restructuring Viewpoints

363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second...more

Jones Day

Key Implications of the UK's Corporate Insolvency and Governance Act

Jones Day on

On 25 June 2020, the new Corporate Insolvency and Governance Act (the "Act") received Royal Assent. We anticipate that the changes introduced by the Act will have a significant impact on the future direction of the UK...more

Patterson Belknap Webb & Tyler LLP

Computing Time for a Filing Deadline: Should You Count a Day When a Clerk’s Office is Closed?

This post concerns computation of time under Bankruptcy Rule 9006. The specific issue addressed is whether a bankruptcy court — when computing a filing deadline — should count a day when its clerk’s office is closed, even if...more

Opportune LLP

Key Themes Gleaned From Recent Oil & Gas Bankruptcy Exit Financings, Lender Requirements

Opportune LLP on

As upstream oil and gas companies emerge from Chapter 11 bankruptcies, they’ll need to be mindful of exit credit facility terms and requirements that may reflect a shift from their prior experience and will likely affect...more

White and Williams LLP

Bankruptcy and D&O Insurance: Top Tips and Reminders

White and Williams LLP on

The effects of the COVID-19 pandemic on businesses in all sectors have been profound to say the least. One need only look at recent reports showing an over 30% drop in U.S. GDP between Q1 and Q2 to get a sense of the economic...more

Robins Kaplan LLP

Financial Daily Dose 9.11.2020 | Top Story: Citigroup Names Fraser First Female CEO

Robins Kaplan LLP on

Citigroup has chosen it President, Jane Fraser, to replace CEO Michael Corbat when he retires in February 2021. Fraser will become “the first woman to lead a major financial institution in the United States.” She’s been with...more

Goulston & Storrs PC

Straightening Their Tenant’s Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy

Goulston & Storrs PC on

Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for...more

Weil, Gotshal & Manges LLP

Transferring Personally Identifiable Information in Bankruptcy M&A - Part 2

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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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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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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