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Goldberg Segalla

Debtor’s Motion for Preliminary Injunction Granted

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Jurisdiction: United States Bankruptcy Court for the District of New Jersey - Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey....more

Rivkin Radler LLP

Justices’ Ch. 11 Ruling Is A Big Moment For Debtors’ Insurers

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In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc. Truck upends decades of Chapter 11...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in the Netherlands (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER DUTCH LAW - I. Insolvency proceedings in The Netherlands - There are four law-regulated insolvency proceedings in The Netherlands: bankruptcy...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Mexico (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER MEXICAN LAW - Preface - On 12 May 2000, the Commercial Insolvency Law (the “CIL”) was published in the Federal Official Gazette, and it entered into...more

Mayer Brown

Third Circuit Orders Hertz to Pay Noteholders Post-petition Interest, including Make-Whole Premiums, at Contract Rates

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The US Court of Appeals for the Third Circuit recently held that Hertz’s noteholders are entitled to post-petition interest payments, including make-whole premiums, at the contract rate as part of the company’s Chapter 11...more

International Lawyers Network

Bankruptcy, Insolvency & Restructuring Proceedings in Italy (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER ITALIAN LAW - 1. Presentation of the judicial liquidation/ insolvency/ rehabilitation proceedings in Italy and their main characteristics. The...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the...more

Kerr Russell

TGI … Bankruptcy? Another restaurant chain contemplates Chapter 11

Kerr Russell on

Chapter 11 bankruptcy continues to be a featured menu item for struggling restaurant chains. According to Bloomberg, TGI Fridays is the latest restaurant chain to contemplate a Chapter 11 bankruptcy filing. TGI Fridays is...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Greece (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER GREEK LAW - Introduction - In the Greek law there are several types of proceedings addressing the inability of a merchant debtor (either a natural...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in France

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER FRENCH LAW - Under French law, companies are protected by several procedures to overcome financial difficulties. This legal protection aims to help...more

Troutman Pepper

Are the Bankruptcy and Insolvency Provisions in My Contract Enforceable? - Creditor’s Rights Toolkit

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Parties often include bankruptcy and insolvency provisions in their agreements to protect themselves should the contract counterparty file for bankruptcy or take other insolvency-related steps. While many of these provisions...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Finland (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER FINNISH LAW - In Finland, insolvency legislation provides for two distinct statutory processes: bankruptcy and corporate restructuring, each with...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Chile

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER CHILEAN LAW - I- Introduction - Law N° 20.720 on Reorganization and Liquidation (“The Law”) modernized insolvency proceedings in Chile, promoting...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRALIAN LAW - Companies - Corporate insolvency in Australia mostly involves a company being placed in liquidation or administration. Companies...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Brazil

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER BRAZILIAN LAW - 1. A brief presentation of the bankruptcy/ insolvency/ rehabilitation proceedings of the country and their main differences. The...more

Woodruff Sawyer

Protecting Your Revenue with Trade Credit Insurance (TCI)

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Why do companies go to such great lengths to insure almost every aspect of their business, but fail to look out for the one component without which they couldn't survive? Companies can't live without revenue, yet less than 5%...more

Seward & Kissel LLP

Big Monday, That’s the Spirit, and Settlement Protocol

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FTX Dotcom creditors vote massively in favor of reorganizing plan | Coindesk - Creditor approval has been secured for a reorganization plan of the former crypto exchange, FTX. The plan is set to be presented to the...more

Troutman Pepper

Taking Stock of Liens While There Is Still Time – Do You Really Have the Collateral? - Creditor’s Rights Toolkit

Troutman Pepper on

Trade creditors are usually grouped with “general unsecured creditors” in bankruptcy, but some have liens that can elevate their claim priority. To achieve this, the lien must be properly granted and perfected under...more

Ward and Smith, P.A.

Shocker! Fraudulent Transfer Leads to Judgment Against Transferee

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The 16th Century gave plenty to the world – Leonardo da Vinci's "Mona Lisa," the Scientific Revolution, the Protestant Reformation, Michaelangelo's "David," and the Statute of Elizabeth.  That last one may be a...more

Greenberg Glusker LLP

Reflecting on Two Decades of Good Faith Filings in Bankruptcy: What's Changed and How to Navigate It

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In the early 2000s, the conversation around the standards for a good faith filing in bankruptcy was intense, particularly leading up to the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005...more

A&O Shearman

The Italian Code for Business Crisis and Insolvency: spotlight on the latest amendments

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On 27 September 2024, the third amendment to the “CCII” —Code for Business Crisis and Insolvency — (the “Amendment”) will be published in the Italian Official Journal, and then, it will enter into force....more

Jones Day

Business Restructuring Review Vo. 23 No. 5 - September–October 2024

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The Singapore International Commercial Court (the "SICC"), a division of the General Division of the High Court and part of the Supreme Court of Singapore, was established in 2015 as a trusted neutral forum to meet increasing...more

Lasher Holzapfel Sperry & Ebberson PLLC

Judgment Collection: Using Charging Orders to Acquire LLC Membership Interests

Judgment creditors often encounter challenges when trying to collect a debt when a debtor’s assets are held in a limited liability company (LLC), as opposed to assets held directly in the debtor’s name. However, creditors...more

Jones Day

Delaware Bankruptcy Court Reinforces the High Bar for Revocation of a Chapter 11 Plan Confirmation Order

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Confirmation of a chapter 11 plan providing for the reorganization or liquidation of a debtor is the culmination of the chapter 11 process. To promote the fundamental policy of finality in that process, the general rule is...more

DLA Piper

Ninth Circuit Authorizes Trustees to Avoid Intentional Fraudulent Transfers Without Need to Demonstrate Creditor Harm

DLA Piper on

In a case of first impression in the Ninth Circuit, the US Court of Appeals recently handed bankruptcy trustees a significant power by ruling in The Lovering Tubbs Trust v. Hoffman (In re O’Gorman) that a trustee can avoid...more

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