News & Analysis as of

Liability Debt Restructuring

Goulston & Storrs PC

Rethinking Liability Management in Club Deals and Direct Lending: Lessons from the Fifth Circuit’s Serta Ruling and Beyond

Goulston & Storrs PC on

On December 31, 2024, the Fifth Circuit Court of Appeals (the “Court”) struck down the controversial 2020 “uptier transaction” executed by Serta Simmons Bedding (“Serta”). The Serta case and several other state court and...more

Cadwalader, Wickersham & Taft LLP

Fifth Circuit Holds that Gatekeeping and Injunction Provisions in Bankruptcy Plans Cannot Shield Non-Debtors From Liability

On March 18, 2025, the United States Court of Appeals for the Fifth Circuit held in In re Highland Capital Mgmt., L.P., that a plan’s gatekeeping and injunction provisions could not extend to claims against most non-debtors...more

Proskauer Rose LLP

The Evolving New Normal 2024 Private Credit Restructuring Year in Review

Proskauer Rose LLP on

In many ways, 2024 continued existing trends in private credit: modest levels of M&A activity, competition among direct lenders to deploy capital, higher-for-longer interest rates, persistent inflation, elevated default...more

White & Case LLP

Liability management opportunities for mining & metals companies during a downturn

White & Case LLP on

Mining & metals companies can take advantage of low prices in the leveraged finance markets to manage their liabilities amid the expected recession. The current economic environment creates opportunities for the mining &...more

Orrick - Finance 20/20

UK: Breathing Space Scheme Regulations

A draft of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the “Regulations”) was published on July 15, with a view to implementing the scheme in...more

Farella Braun + Martel LLP

[Webinar] Unplugged Renewable Energy Series - PG&E Bankruptcy: Lessons Learned and a Path Forward - August 4th, 5:00 pm - 7:00 pm...

The California power giant, PG&E, has emerged from the country’s largest utility bankruptcy proceeding as a dramatically different company. Not only has PG&E exited Chapter 11, it has completed a restructuring that will have...more

Seyfarth Shaw LLP

COVID-19’s Potential Effect on Lender Liability

Seyfarth Shaw LLP on

COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more

Vinson & Elkins LLP

[Webinar] Distressed Debt and Looming Maturities: Liability Management and Restructuring Strategies in the Time of COVID-19 -...

Vinson & Elkins LLP on

In this presentation, a cross-disciplinary panel of lawyers from our debt capital markets, restructuring, and tax practices will discuss methods for reducing debt balances, addressing impending debt maturities, and improving...more

Burr & Forman

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

Burr & Forman on

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...more

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