The United States Court of Appeals for the Second Circuit recently affirmed the 2020 Kirschner v. JP Morgan Chase Bank, N.A. ruling that a secured $1.775 billion syndicated term loan to Millennium Laboratories LLC...more
Earlier this month, the LSTA published a market advisory outlining some recent changes to the disqualified institutions provisions (the “LSTA DQ Structure”) set forth in the LSTA’s Model Credit Agreement Provisions (the...more
Insurance markets have been watching the Supreme Court’s docket for its ruling on whether the Federal Government must compensate some of health insurers’ losses. Today the Supreme Court ruled that the Federal Government must...more
Since the last financial crisis, borrowers and private equity sponsors have cut distressed investors out of most European leveraged loan deals. According to Reorg Debt Explained about 66% of European leveraged loans in 2019...more
Following our post on the district court’s extraterritoriality decision, the bankruptcy court dismissed the actions against several defendants on the grounds that the presumption against extraterritoriality and international...more
Another decision has been issued that reinforces that section 553 does not allow setoff without mutuality, or “triangular setoff.”...more
There is an English common law rule that a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding. This rule is derived from a Court of Appeal case: Antony Gibbs and sons v La...more
Lessons from Sabine -
In March, Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream...more
6/13/2016
/ Commercial Bankruptcy ,
Covenants that Run With the Land ,
Creditors ,
Energy Sector ,
Executory Contracts ,
Fraudulent Transfers ,
Husky International Electronics v Ritz ,
Litigation Funding ,
Midstream Contracts ,
Mineral Exploration ,
Offshore Drilling ,
Oil & Gas ,
Pipelines ,
Sabine Oil and Gas ,
SCOTUS
Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. has satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream counter-parties, Nordheim Eagle Ford...more
The Distressed Download Newsletter is a roundup of recent news from Orrick's Distressed Download blog, a resource for the latest news and industry trends in the distressed debt and restructuring markets.
European...more
Recent EU Insolvency Regulation -
The EC Regulations on Insolvency Proceedings (the "EIR") came into force throughout the European Union (the "EU") (except Denmark) on May 31, 2002 with the purpose of setting out the...more
10/7/2015
/ Bankruptcy Code ,
Bernie Madoff ,
Bonds ,
COMI ,
Commercial Bankruptcy ,
Distressed Debt ,
Electricity ,
Environmental Impact Report (EIR) ,
EU ,
High Yield Bonds ,
High-Yield Markets ,
Insolvency ,
Oral Contracts ,
Subordination Agreement ,
UFTA ,
Uniform Voidable Transactions Act (UVTA)
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
7/23/2015
/ Attorney's Fees ,
Bankruptcy Code ,
Bonds ,
Capital Controls ,
Distressed Debt ,
Emerging Markets ,
EU ,
Eurozone ,
Greece ,
Insolvency ,
Municipal Bankruptcy ,
Oil & Gas ,
Preemption ,
Puerto Rico ,
Reclamation ,
Restructuring ,
SCOTUS
The result of Sunday’s (5 July 2015) referendum which rejected the latest proposed bailout by the European authorities was unequivocal. The next steps in this crisis are far less clear, ranging from a swift renegotiation of...more
7/8/2015
/ Bailout ,
Bank Recovery and Resolution Directive (BRRD) ,
Banks ,
Capital Controls ,
Capital Markets ,
Continuing Resolution ,
European Central Bank ,
European Stability Mechanism ,
Eurozone ,
Greece ,
Liquidation ,
Referendums ,
Restructuring
Following the recent event over the weekend (27/28 June 2015), we set out below a short guide on the current status in Greece.
Background -
Months of negotiations on a deal to restructure Greece’s debts appear...more
A Battle in the Making in the Oil and Gas Sector: Second Lien vs. High Yield Debt -
In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds. These...more
6/22/2015
/ Bank of America v. Caulkett ,
Banking Sector ,
Bankruptcy Court ,
Bonds ,
Consumer Bankruptcy ,
Creditors ,
Debt ,
Distressed Debt ,
High-Yield Markets ,
Junior Lenders ,
Junior Liens ,
Lien Stripping ,
Mortgage Lenders ,
Mortgages ,
Oil & Gas ,
Oil Prices ,
Oral Contracts ,
Underwater Homeowners ,
Wellness International Network v Sharif
What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle -
On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more
3/12/2015
/ Bankruptcy Court ,
Bankruptcy Preferences ,
Chapter 11 ,
Chapter 9 ,
Commercial Bankruptcy ,
Debt Market ,
Debt Recovery Programs ,
Distressed Debt ,
EU ,
France ,
Insolvency ,
Lehman Brothers ,
Municipalities ,
Pension Funds ,
Puerto Rico ,
Restructuring ,
Safe Harbors ,
SCOTUS ,
Tax Liability ,
UK ,
Venue ,
Wellness International Network v Sharif
On July 6, 2014, Judge Jed S. Rakoff, United States District Judge for the Southern District of New York, declined to extend the reaches of section 550(a) of the Bankruptcy Code abroad to permit the recovery of funds that...more
7/23/2014
/ Asset Transfer ,
Bankruptcy Code ,
Bernie Madoff ,
Clawbacks ,
Extraterritoriality Rules ,
Feeder Funds ,
Foreign ,
Foreign Investment ,
Fraud ,
Judge Rakoff ,
Liquidation ,
Ponzi Scheme ,
SIPA
On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcemen enabling certain Commonwealth public corporations in financial distress...more
On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcement Act”), enabling certain Commonwealth public corporations in financial...more
7/10/2014
Update on Case Law Developments in English Restructuring
This client alert will focus on three of the key recent cases of the past six months, each of which features the use of English law restructuring tools for...more