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“Waving” Farewell to Opposition of Stay Relief: Forbearance Agreements and Prepetition Waivers

Our Financial Restructuring & Reorganization Group takes up the question of whether prepetition automatic stay waivers are enforceable in a Chapter 11 bankruptcy proceeding and what lenders can do to ensure waivers are...more

Make-Whole/Prepayment Premiums Alive and Well in Bankruptcy (Well, at Least in New York)

The ongoing saga of make-whole premiums continues through muddy waters. Our Financial Restructuring & Reorganization Group, which has been following the twists and turns for several years, explores the latest case before a...more

Eleventh Circuit Holds That New Value Need Not Remain Unpaid for Section 547(c)(4) Defense to Apply in Preference Actions

Our Bankruptcy & Financial Restructuring Group explores a positive holding from the Eleventh Circuit that greatly expands the applicability and scope of the new-value defense in the circuit....more

Finance Advisory: When Vendors Are Consigned to a Lower Authority

The latest in a long line of troubled retailers, Sports Authority Holdings, Inc., and certain affiliated entities, filed for bankruptcy protection on March 2, 2016. The bankruptcy case highlights one of the key aspects of...more

Bankruptcy & Financial Restructuring Advisory: Delaware District Court Affirms Bankruptcy Court’s Ruling Allowing Debtor to...

The U.S. District Court for the District of Delaware recently affirmed the bankruptcy court’s ruling in the Energy Future Intermediate Holding (EFIH) case finding that the debtor was not required to pay a $431 million...more

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