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Greenberg Glusker LLP

The Dead (and Their Bankruptcy Estate) Cannot Hold Property Under Recent Ninth Circuit Bankruptcy Appellate Panel Decision

Greenberg Glusker LLP on

I recently had the pleasure of working with my colleagues Benny Roshan and Jillian Berk on an appeal before the Ninth Circuit Bankruptcy Appellate Panel (B.A.P), which tested the ever-evolving intersection between bankruptcy...more

Jones Day

New York Bankruptcy Court Rules that Good Faith Is Not the Gatekeeper to Chapter 15

Jones Day on

Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11 petition in good faith. The bankruptcy court can dismiss a bad faith filing "for cause,"...more

Dechert LLP

Avoiding an Out-of-Court Restructuring May Breach Fiduciary Duties

Dechert LLP on

Introduction Under Delaware law, the board of directors of an insolvent company has wide latitude to pursue good-faith strategies to maximize the value of the firm. Trenwick Am. Litig. Tr. v. Ernst & Young, L.L.P., 906 A.2d...more

Hinshaw & Culbertson LLP

Latest Trends in Auto Finance: Insights on Key Issues Facing Lenders Today

It is no secret that the auto finance industry has been impacted significantly by global, regulatory, and economic events over the last 18 months. Hinshaw's Automotive Finance Team discusses the latest trends facing the auto...more

Arnall Golden Gregory LLP

Congratulations, You Hold A Judgment! But Have You Taken the Steps Necessary To Enforce It Should Your Judgment Debtor File...

When you take the trouble and expense to file a lawsuit, you hope to be paid after you obtain a judgment in your favor. However, the individual or entity against whom you obtained a judgment may have transferred assets to...more

Lowenstein Sandler LLP

How to Make a Good Impression in Bankruptcy Court

Lowenstein Sandler LLP on

How should a chapter 11 debtor’s financial information be presented to the bankruptcy court to create the best first impression? To give the court an accurate picture of the results of operations during Chapter 11 and for the...more

Bradley Arant Boult Cummings LLP

New Bankruptcy Rules to Take Effect December 1, 2021

A few changes to the Federal Rules of Bankruptcy Procedure became effective on December 1, 2021. The most noteworthy change relates to Bankruptcy Rule 9036, which addresses notice and service by electronic transmission....more

Cadwalader, Wickersham & Taft LLP

What’s in a Name? Court Holds That Despite Its Title, a Security Agreement Also Subordinated Junior Creditor’s Rights to Payment

On October 29, 2021, Judge Laura Taylor Swain, the presiding judge in the Puerto Rico bankruptcy case, ruled that approximately $2 billion in intragovernmental loan claims were subordinated to bonds issued by the Puerto Rico...more

Nelson Mullins Riley & Scarborough LLP

Restructuring Support Agreements

The history of bankruptcy practice in the Bankruptcy Code era, 1979 to present, has been one of eliminating chance and uncertainty. This has been accomplished by consolidating jurisdiction of most meaningful matters in a few...more

Dentons

Canadian Prairies insolvency update Q4

Dentons on

Periodically, Dentons Canada will be providing Canadian Prairies insolvency law updates featuring distinctive and applicable case law from Alberta, Saskatchewan and Manitoba....more

Bradley Arant Boult Cummings LLP

Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under Brunner

A district court judge recently reversed and remanded a well-known bankruptcy decision discharging a significant student loan debt. In the Southern District of New York, Judge Philip Halpern, reviewing the bankruptcy court’s...more

Allen & Overy LLP

The sun never sets on English law governed debt: reviewing the Re Prosafe SE decision

Allen & Overy LLP on

The recent decision in Re Prosafe SE pits the principle of freedom of contract against the increasingly popular modified universalism in the cross-border restructuring and insolvency space. Please see full Publication...more

Kelley Drye & Warren LLP

Two Important Rulings on Payment of Indenture Trustee Fees in Chapter 11 Cases

Kelley Drye & Warren LLP on

Two recent judicial decisions, Sanchez Energy and Tribune Media, highlight the challenges faced by indenture trustees and their professionals in chapter 11 cases where there are no recoveries to noteholders. Federal law...more

Patterson Belknap Webb & Tyler LLP

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

“Messrs. Woods and Wu are fraudsters,” Judge Christopher S. Sontchi declared in the opening salvo of his scathing opinion. According to the former Chief Judge of the U.S. Bankruptcy Court for the District of Delaware, Woods...more

Bradley Arant Boult Cummings LLP

After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Now that the pandemic’s “social distancing” is lessening, we hope you are all able to gather with friends and family this Thanksgiving. As we do the same, we wanted to count our blessings as we review the year. This year, we...more

FTI Consulting

Emerge to Grow℠: An FTI Consulting Report - Market Insights and Playbook for Achieving Profitability and Sustainable Growth...

FTI Consulting on

The bankruptcy process has many legal and practical limitations and may not position an emergent company to realize its full potential post-bankruptcy. The findings in this report can help stakeholders make more informed...more

Husch Blackwell LLP

Is Nash Engineering the Latest Company Bankrupted by Asbestos Litigation?

Husch Blackwell LLP on

Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy in the United States Bankruptcy Court...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Affirms That Some Private Student Loans Are Dischargeable in Bankruptcy

In Hilal K. Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, Navient Credit Finance Corporation, Case No. 20-1981 (2d Cir. 2021), the Second Circuit affirmed the opinion of the U.S. Bankruptcy Court for the Eastern...more

Lowenstein Sandler LLP

The Legal Landscape of Make Whole Payments

Lowenstein Sandler LLP on

Jeffrey Cohen, chair of the firm’s Bankruptcy & Restructuring Department, breaks down the unique circumstances of a decision in the Mallinckrodt Chapter 11 case and shares his view on how it may affect the legal landscape of...more

Dentons

New dawn or more of the same? Opinion on the latest round of insolvency regime changes in the financial institutions sector

Dentons on

Executive summary  - The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (SI 2021/1178) (the Rules) were made on 21 October 2021 and came into effect on 12 November 2021, following a...more

Hinshaw & Culbertson LLP

[Virtual Event] Latest Trends in Auto Finance: Insights on Key Issues Facing Lenders Today - November 30th, 12:00 pm CT

Hinshaw & Culbertson LLP on

It is no secret that the auto finance industry has been impacted significantly by global, regulatory, and economic events over the last 18 months. Join members of Hinshaw's Automotive Finance Team for a virtual program on the...more

Dechert LLP

European Restructuring Update: France Introduces New Accelerated Safeguard Proceedings

Dechert LLP on

France has now introduced a new restructuring tool following the enactment of Ordinance 2021- 1193 (the “Ordinance”), which incorporates the Directive (EU) 2019/1023 on preventive restructuring frameworks (the “Directive”)...more

Patterson Belknap Webb & Tyler LLP

One Bankruptcy Court’s Analysis of a Motion to Dismiss Avoidance Claims: The Analytical Framework

A federal judge recently allowed a trustee’s preferential transfer claim against a law firm to proceed but dismissed a constructive fraudulent transfer claim. The decision highlights the pleading standards and analytical...more

Fox Rothschild LLP

Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding

Fox Rothschild LLP on

The First Circuit was required to decide whether the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or the Federal Rules of Civil Procedure (the “Civil Rules”) govern a case that comes within the federal...more

Ward and Smith, P.A.

Can I Hold a Debtor’s Bank Account Hostage?

Ward and Smith, P.A. on

For creditors dealing with debtors in the shadow of bankruptcy, a common scenario repeats itself.  The creditor repossesses collateral, attaches an account, or sets off a bank account, and then the debtor files a...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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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

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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