News & Analysis as of

Reorganizations

Shearman & Sterling LLP

A Moot Point: Court Of Appeals For The Eleventh Circuit Holds That The Doctrine Of Equitable Mootness Is Applicable In A Chapter 9...

by Shearman & Sterling LLP on

The consummation of a plan of reorganization typically involves a series of complex actions by the debtor and its stakeholders (for example, existing debt and equity are extinguished and new debt and equity issued in their...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Holds Protecting A Claim To Its Fullest Extent Is Not Evidence Of Bad Faith

The Ninth Circuit Court of Appeals recently held that a secured creditor’s purchase of general unsecured claims to block confirmation of a Chapter 11 plan did not in itself constitute bad faith....more

Foley & Lardner LLP

American Bar Association Publishes The Bankruptcy Handbook for Franchisors and Franchisees, Co-Edited by Foley & Lardner LLP...

by Foley & Lardner LLP on

The Bankruptcy Handbook for Franchisors and Franchisees, published by the American Bar Association Forum on Franchising, is now in print. The book was co-edited by Jason B. Binford, who is also a co-author of the chapter on...more

Jones Day

Due-on-Sale Clause Not Mandatory in Cramdown Chapter 11 Plan, and Plan Acceptance Requirement Applies on "Per Plan" Basis

by Jones Day on

In Grasslawn Lodging, LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties, Inc.), 881 F.3d 724 (9th Cir. 2018), the U.S. Court of Appeals for the Ninth Circuit considered, in connection with a...more

Harris Beach PLLC

Loan Agreement Updates Needed for Delaware LLCs

by Harris Beach PLLC on

Lenders should modify restrictive covenants related to mergers, reorganizations, acquisitions and similar transactions in new and amended loan documents due to amendments to the Delaware Limited Liability Company Act...more

Downey Brand LLP

Will the Army Corps of Engineers lose the Civil Works mission? Looks like the Department of Defense is making some plans.

by Downey Brand LLP on

In late June, President Trump unveiled his administration’s plan to reorganize the federal government. The proposed shakeup is entitled “Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization...more

Allen Matkins

Six Years Ago, I Said This Was A Mistake And Now The Legislature Agrees

by Allen Matkins on

Six years ago, I opposed Governor Brown's reorganization plan that, among other things, resulted in the creation of the Bureau of Real Estate within the Department of Consumer Affairs...more

Fenwick & West LLP

Silicon Valley Venture Capital Survey - Second Quarter 2018

by Fenwick & West LLP on

We analyzed the terms of 225 venture financings closed in the second quarter of 2018 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results continued to be strong in Q2...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2018

by PilieroMazza PLLC on

DEFENSE DEPARTMENT - To Streamline Acquisitions, 809 Panel Presses Department of Defense to Adopt Portfolio Management - According to an article on federalnewsradio.com, the congressionally-mandated panel in charge of...more

Latham & Watkins LLP

Corporates Reorganise Amid M&A Boom

by Latham & Watkins LLP on

Last year marked a continuation of strong M&A volumes, with US$3.15 trillion in global transactions according to data provider, Mergermarket. Strong activity, driven by cheap debt and a low growth environment, has continued...more

Dechert LLP

Raising the Bar for Bad Faith, the Ninth Circuit Reverses Votes Designation

by Dechert LLP on

The Ninth Circuit reversed and remanded an Oregon bankruptcy court’s order designating recently acquired claims of a secured creditor for bad faith, holding that a bad faith finding requires “something more.” Specifically,...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Rules Section 327 Inapplicable to Certain Management Consultant Retentions

Section 327(a) of the Bankruptcy Code imposes restrictions on the employment of professionals to assist a trustee, requiring that such professionals “not hold or represent an interest adverse to the estate” and be...more

Shearman & Sterling LLP

Ya Gotta Have [Good] Faith: Court of Appeals for the Ninth Circuit Holds That in the Context of Plan Voting, a Bad Faith Showing...

by Shearman & Sterling LLP on

When it comes to voting on a plan, Section 1126(e) of the Bankruptcy Code provides that a bankruptcy court may designate (or disallow) the votes of any entity whose vote to accept or reject was not made in “good faith” (a...more

Verrill Dana LLP

Maine Regulation of Public Utilities: Second Edition

by Verrill Dana LLP on

Verrill Dana’s Utilities Group has released the second edition of Maine Regulation of Public Utilities, the only treatise on the subject of public utility regulation in Maine. “This new edition reflects most of the...more

Quinn Emanuel Urquhart & Sullivan, LLP

June 2018: Appellate Practice Update

New Supreme Court Precedent on Clear Error Versus de Novo Review. On March 5, 2018, the Supreme Court decided a case nominally about bankruptcy, but which may have broader implications regarding the standard of review in a...more

Kramer Levin Naftalis & Frankel LLP

Investors’ Ability to Receive Freely Transferable Securities in a Plan of Reorganization

A key consideration for investors in securities of bankrupt issuers is the extent to which the securities received upon consummation of a Chapter 11 plan will be freely transferable. ...more

Kramer Levin Naftalis & Frankel LLP

What Is Collateral in a Bankruptcy Reorganization?

The bankruptcy of Energy Future Holdings has spawned numerous decisions in the various segments of its Chapter 11 case. ...more

Ballard Spahr LLP

Does Your Antitrust Compliance Policy Cover All It Should Under HSR?

by Ballard Spahr LLP on

Businesses and individuals should be aware that their antitrust compliance policies may not adequately cover all reportable transactions under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission (FTC) states that an...more

Robins Kaplan LLP

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The long-standing unease between CBS and the Redstone family bubbled over into a “corporate declaration of war” yesterday, with CBS suing controlling shareholder Shari Redstone and her family’s holding company to prevent (or...more

Proskauer For Good

New Coalition Pressing for Court Reform in New York State

by Proskauer For Good on

The Fund For Modern Courts and Proskauer hosted representatives from a diverse coalition of organizations in New York State and leaders of the state bar at our New York office on May 3 to discuss the necessity of court reform...more

Goulston & Storrs PC

Bankruptcy Lease Auctions – Landlords Can Play Too

by Goulston & Storrs PC on

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. ...more

Bryan Cave Leighton Paisner

Clear Error They Say! Supreme Court Opines On Standard Of Review For Determining Non-Statutory Insider Status

by Bryan Cave Leighton Paisner on

Last April, we updated you that the Supreme Court had granted review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). ...more

Patterson Belknap Webb & Tyler LLP

In “Non-Statutory Insider” Case, Supreme Court Clarifies the Standard of Review for Mixed Questions of Law and Fact

In U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC, No. 15-1509, 2018 U.S. LEXIS 1520 (Mar. 5, 2018), the Supreme Court analyzed the appropriate standard of review for appellate courts reviewing a bankruptcy court’s...more

Jones Day

Supreme Court Adopts Deferential Standard of Review on Chapter 11 Insider Status

by Jones Day on

In U.S. Capital Bank N.A. v. Village at Lakeridge, LLC, No. 15-1509 (U.S. Mar. 5, 2018), the U.S. Supreme Court held that an appellate court should apply a deferential standard of review to a bankruptcy court's decision as to...more

WilmerHale

Chinese Government Reorganization

by WilmerHale on

Attention during China's annual lianghui (conferences of the advisory Chinese People's Political Consultative Conference followed by the largely rubber stamp legislative National People's Congress) focused on adoption of the...more

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