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Supreme Court of the United States › Corporate Restructuring

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Seward & Kissel LLP

Supreme Court Okey-Doke, LME Double Dip, Audacy Tuning Out, and PO Boxing Match

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US Supreme Court Lets $2.46 Billion Boy Scouts Sex Abuse Settlement Proceed | Reuters - On Thursday, the U.S. Supreme Court permitted the Boy Scouts of America’s $2.46 billion settlement with sexual abuse victims to...more

Seward & Kissel LLP

Three’s Company, Express Elevator (Down), and Please Stay

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Genetic test maker Invitae files for bankruptcy protection in US | Reuters - On Tuesday, Invitae, the San Francisco-based genetic test maker, filed for voluntary Chapter 11 bankruptcy protection in a U.S. bankruptcy court...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

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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

Pillsbury Winthrop Shaw Pittman LLP

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

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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

Seward & Kissel LLP

Supreme Test for Releases, Trucking into Bankruptcy, We Might Not Work Anymore, and Crypto Criticism

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Supreme Court puts Purdue Pharma bankruptcy deal on hold | NBC - The Supreme Court has blocked an appeals court decision that had allowed Purdue Pharma’s restructuring plan to move forward effectively putting the plan on...more

Seward & Kissel LLP

Building Blocks, LTL 2.0 DOA, FTX First Try, and UST Last Chance Saloon

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BlockFi’s Chapter 11 plan progresses with conditional court approval | Cointelegraph - United States Bankruptcy Court for the District of New Jersey recently conditionally approved Blockfi’s disclosure statement. If the...more

Seward & Kissel LLP

Not that Kind of Party, Red Flags for Yellow, Purdue Plan Proceeds, Instant Karma?

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Party City Rehashes Restructuring Deal After Missing Financial Projections | Yahoo Finance - Party City has reworked a key deal with their key lenders to restructure their bankruptcy exit plan. Now, lenders will have the...more

Paul Hastings LLP

Public Company Watch: June 2023

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In the June edition of our Public Company Watch, we cover key issues impacting public companies, including the first cryptocurrency insider trading enforcement action settled by the SEC based on specific allegations that...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. District Court in Connecticut Navigates Supreme Court Precedent Barring Recovery of Certain Postpetition Default Interest

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An oversecured creditor can recover default interest where the sole default trigger was the borrower’s bankruptcy filing after considering all relevant equitable considerations. While Bankruptcy Code section 506(b)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization

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On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been “improvidently granted.” The case seemingly provided a perfect vehicle to resolve...more

Mintz - Bankruptcy & Restructuring Viewpoints

Supreme Court to Resolve Circuit Split on Scope of 546(e)’s Safe Harbor Provision

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Earlier this month, the Supreme Court announced that it will review the scope of Bankruptcy Code section 546(e)’s safe harbor provision. Section 546(e) protects from avoidance those transfers that are made “by or to (or for...more

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