News & Analysis as of

Corporate Restructuring Bankruptcy Court

Jones Day

Third Circuit: Unsecured Claim for Royalties from Intellectual Property Purchased by Debtor Discharged Under Chapter 11 Plan

Jones Day on

Mitigating risk of loss associated with a bankruptcy filing should be an element of any commercial transaction, especially if it involves a sale or license of intellectual property rights. A ruling recently handed down by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva

Building on emerging trends, 2024 has seen a continued rise in the use of equity-linked debtor-in-possession (DIP) financing in Chapter 11 cases. Recent examples from WeWork and Enviva illustrate how stakeholders are...more

Skadden, Arps, Slate, Meagher & Flom LLP

SDNY Adopts Guidelines for Combined Hearing on Disclosure Statement Approval and Chapter 11 Plan Confirmation

On May 31, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York (SDNY) entered General Order M-634, adopting guidelines for combining the processes for Chapter 11 plan confirmation under...more

Jones Day

Business Restructuring Review Vol. 23 No. 3 | May-June 2024

Jones Day on

In In re Pack Liquidating, LLC, 2024 WL 409830 (Bankr. D. Del. Feb. 2, 2024), the U.S. Bankruptcy Court for the District of Delaware ruled that, in accordance with Third Circuit precedent, the Bankruptcy Code, rather than...more

Buckingham, Doolittle & Burroughs, LLC

Bankruptcy Chapter 11 Subchapter V Debt Eligibility Limit to Decrease to $2.7 million on June 21, 2024

Businesses in financial distress have multiple options to consider when attempting to reorganize or liquidate. A state court receivership or Chapter 7 Bankruptcy are likely options for liquidation when there are significant...more

King & Spalding

Sharp Teeth: Civil and Criminal Liability for Officers and Directors of Insolvent Saudi and UAE Companies

King & Spalding on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Fourth Circuit Holds That Bankruptcy Courts Are Not Limited by the ‘Case and Controversy’ Requirement of Article III

From time to time, the U.S. Supreme Court has distinguished the bankruptcy courts’ power — deriving from Congress’ authority under Article I of the U.S. Constitution to enact uniform bankruptcy laws — from the judicial power...more

Jones Day

Business Restructuring Review November–December 2023 | Vol. 22 No. 6

Jones Day on

Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary In Every Health Care Business Bankruptcy Case - Recent headlines have starkly illuminated the headwinds facing health care providers struggling...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Thailand (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER THAI LAW - Introduction - The law of Thailand regarding insolvency, bankruptcy and rehabilitation proceeding are stipulated and applied through Thai...more

Williams Mullen

What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default

Williams Mullen on

In our What to Do if Your Suppliers Are in Distress video series, we describe how to identify your critical suppliers that might be in jeopardy, provide suggestions on how you can help them, and share how you can protect your...more

Pillsbury Winthrop Shaw Pittman LLP

Gatekeeping Provisions in Chapter 11 Plans May Be Alternative to Nonconsensual Nondebtor Releases

Nonconsensual nondebtor releases have been a key reason businesses facing mass tort claims have filed for bankruptcy. They hope chapter 11 will result in a faster, less expensive resolution of mass tort claims than class...more

Holland & Hart LLP

How A Union Fight Played A Key Role In Yellow's Bankruptcy

Holland & Hart LLP on

Trucking giant Yellow Corp. skuttled operations and filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware on Aug. 6, a mere three years after receiving $700 million in pandemic-era relief...more

Conyers

Schemes of Arrangement: Restructuring in the Cayman Islands

Conyers on

These continue to be challenging times and we recognize that the need for cross-border advice on insolvency and restructuring matters may be required at short notice. Conyers’ attorneys are insolvency and restructuring...more

McAfee & Taft

Canary in the coal mine doing fine, thank you

McAfee & Taft on

When I started practicing law, getting financial reporting was pretty simple: You just grabbed the firm’s copy of the Wall Street Journal. Today, we’re bombarded from all sides by conflicting information. It’s going to be a...more

Seward & Kissel LLP

Beyond Your Wildest Dreams, Coin Cloudy Forecast, Robinhood to Give to the Recently Poor, and No Place Like Home Décor

Seward & Kissel LLP on

Bed Bath & Beyond is closing 149 more stores | CNN - Bed Bath & Beyond has expanded its list of additional stores they expect to close, from 87 to 149. In total the company is reducing its store count from 760 to about...more

Jones Day

Business Restructuring Review Vol. 21, No. 6 | November-December 2022

Jones Day on

On October 14, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a long-awaited ruling on whether Ultra Petroleum Corp. (“UPC”) must pay a $201 million make-whole premium to noteholders under its confirmed chapter...more

Jones Day

U.S. Bankruptcy Court Can Enforce Foreign Restructuring Plan Providing for Cancellation of U.S. Law-Governed Debt

Jones Day on

Even before chapter 15 of the Bankruptcy Code was enacted in 2005 to govern cross-border bankruptcy proceedings, the enforceability of a foreign court order approving a restructuring plan that modified or discharged U.S....more

ArentFox Schiff

Amendment to Subchapter V of Chapter 11 Clarifies Affiliates' Eligibility for Streamlined Restructuring Process

ArentFox Schiff on

On June 21, 2022, President Biden signed the Bankruptcy Threshold Adjustment and Technical Corrections Act into law. As we reported here, the Bankruptcy Corrections Act revived the $7.5 million eligibility threshold for...more

Conyers

New Cayman Islands Restructuring Regime: Modern Land and a Modernised Approach

Conyers on

Cayman Islands companies have dominated the restructuring news cycle of late for a variety of reasons, including recent judicial commentary as to the effect of obtaining recognition under Chapter 15 of the U.S. Bankruptcy...more

Shumaker, Loop & Kendrick, LLP

Corporate bankruptcy reformation in the US - Eurofenix, Summer 2022

As a result of recent high profile Chapter 11 cases, such as Purdue Pharma and Johnson & Johnson, there has been great Congressional and media attention to controversial Chapter 11 practices. These include debtors’ forum- and...more

Patterson Belknap Webb & Tyler LLP

Releases: How Did We Get Here and What is Next?

As a result of Purdue Pharma’s proposed plan of reorganization, and the ongoing opioid epidemic that continues to grip the nation, the debate over non-consensual third-party releases has gone mainstream despite being a...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER CANADIAN LAW - 1. Canada's Political and Legal System - Canada has a Federal constitution that was significantly overhauled in the early 1980's,...more

Jones Day

Business Restructuring Review | November–December 2021

Jones Day on

New York Bankruptcy Court Rules That Good Faith Is Not The Gatekeeper To Chapter 15 - Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11...more

Jones Day

Business Restructuring Review | May–June 2021

Jones Day on

In This Issue: First Impressions: Third Circuit Scuttles Triangular Setoff in Bankruptcy - In In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit ruled as a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fifth Circuit To Weigh Enforceability of Make-Whole Premiums in Chapter 11

A recent bankruptcy case now on appeal is being closely watched for the significant economic repercussions it could have on debtors and creditors alike. On October 26, 2020, in In re Ultra Petroleum Corp., the U.S. Bankruptcy...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide