After a U.S. District Court departed from the “apparent consensus” that an official committee automatically dissolves when the chapter 11 case is dismissed, the Talc Claimants’ Committee in the similarly dismissed In re LTL...more
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
8/30/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Corporate Restructuring ,
Injunctions ,
Insolvency ,
Non-Consensual Rights ,
Non-Debtors ,
Purdue Pharma ,
SCOTUS ,
Trustees
Courts remain divided as to whether electricity is a good (resulting in an administrative claim for electricity provided in the 20-day period before a bankruptcy case is filed) or service (no administrative...more
Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings.
Parties entering energy...more
Hospitality debtors with substantial equity but prolonged depressed revenues due to COVID-19 may find negative amortization, a tool used sparingly pre-pandemic, helpful in the restructuring of mortgage debt under a chapter 11...more
2/25/2021
/ Amortization ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Debtors ,
Hospitality Industry ,
Mortgages ,
Recovery Plans ,
Remote Working