News & Analysis as of

Restructuring Bonds

Pillsbury Winthrop Shaw Pittman LLP

Use It or Lose It! Indemnification Rights May Not Be Asserted against a Post-Confirmation Liquidation Trust

The Fifth Circuit recently held that claims and defenses arising from an indemnification agreement with a debtor could not be asserted against a liquidation trust because the chapter 11 plan barred those claims and defenses,...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

McDermott Will & Emery

Gategroup: What’s the Fuss About?

McDermott Will & Emery on

This article summarises the findings of the High Court in Re gategroup Guarantee Limited [2021] EWHC 304 (Ch) (Re gategroup Guarantee Limited) and provides a view of its effects on the cross-border application of the...more

Patterson Belknap Webb & Tyler LLP

Commonwealth Finds Common Ground: Deal with Bondholders May Be a Turning Point as Puerto Rico Seeks to Emerge in Early 2020

The Financial Oversight and Management Board for Puerto Rico (Oversight Board) announced Sunday that it had reached an agreement with bondholders regarding the terms of a plan of adjustment that would resolve $35 billion...more

Patterson Belknap Webb & Tyler LLP

Bondholders announce framework for Commonwealth-COFINA Settlement; Oversight Board and Government say the deal is “Not...

On May 14, a large coalition of stakeholders in the COFINA-Commonwealth litigation, announced a proposed settlement outline to resolve the long-running dispute over who owns the sales and use taxes pledged by COFINA to secure...more

Orrick, Herrington & Sutcliffe LLP

Distressed Download - July 2015

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act - On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

Latham & Watkins LLP

Bond Restructurings in Germany Now Available More Broadly

Latham & Watkins LLP on

German Federal Court of Justice decision paves the way for bond restructurings under 2009 Bonds Act. The German Federal Court of Justice (the Court) recently published its first decision on the reformed German Bond Act...more

Latham & Watkins LLP

A New Tool for Holdout Bondholders: The Trust Indenture Act

Latham & Watkins LLP on

Restructuring decision broadly interpreting bondholder protections under the Trust Indenture Act may significantly impact out-of-court restructurings. On December 30, 2014, the US District Court for the Southern...more

Mintz - Public Finance Viewpoints

Puerto Rico Poised to Enact Bankruptcy-Like Legislation for Certain Revenue Bond Issuers

Puerto Rico’s Governor Alejandro Garcia Padilla today introduced debt restructuring legislation which, upon enactment, would provide a judicial debt relief process in Puerto Rico’s courts for certain public corporations,...more

Bennett Jones LLP

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

Bennett Jones LLP on

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Corporate Restructuring

The global reach of capital markets, financial difficulties in the eurozone and the multinational nature of many businesses and financial institutions have increased the importance of understanding legal, business and other...more

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