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Hogan Lovells

In re Wack Jills: Delaware decision marks the end of Wild West ABC proceedings

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In a recent opinion in an assignment for the benefit of creditors (ABC) proceeding, the Delaware Court of Chancery provided an illustrative account of the assignee’s failures to comply with the relevant statutory scheme, and...more

A&O Shearman

Final Basel Committee guidelines for counterparty credit risk management

A&O Shearman on

The Basel Committee on Banking Supervision has published the final version of its guidelines for counterparty credit risk management, replacing its "Sound Practices for Banks' Interactions with Highly Leveraged Institutions"...more

Beacon Insights by JD Supra

The Year in Bankruptcy – 2024 Popular Reads on JD Supra

A year-end recap of some of the most widely read bankruptcy-related updates, analysis, and guidance published on JD Supra throughout 2024....more

Stark & Stark

Big Lots Bankruptcy Update: Pivoting from Reorganization to GOB Liquidation

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On September 9, 2024, Big Lots, Inc. filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court in Delaware. At the time, Big Lots had entered into an asset purchase agreement with an affiliate of...more

Woodruff Sawyer

Managing Through Financial Distress: The Board’s Oversight Role and Protecting Against Litigation

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When a public company faces significant financial challenges and uncertainty, the pressure on management teams and boards of directors to make the “right” decisions intensifies. If those financial challenges are not...more

McDermott Will & Emery

Special Report - Peering Into the Crystal Ball: Crypto Enforcement in a Second Trump Term

McDermott Will & Emery on

In November 2021, at the height of cryptocurrency’s “bull run,” the market capitalization for crypto reached a record of nearly $3 trillion. Just a year later, and shortly after FTX petitioned for Chapter 11 bankruptcy...more

A&O Shearman

UK Independent Review of the Payment and Electronic Money Institution Insolvency Regulations 2021

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HM Treasury has published its letter inviting Adam Plainer to lead an independent review of the Payment and Electronic Money Institution Insolvency Regulations 2021 (PESAR)...more

Troutman Pepper

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

Troutman Pepper on

The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety,...more

Jones Day

Business Restructuring Review Vol. 23 No. 6 - November–December 2024

Jones Day on

Hertz: Third Circuit Weighs In On Make-Whole Premiums And The “Solvent-debtor Exception” In Chapter 11 Cases - A handful of recent high-profile court rulings have considered whether a chapter 11 debtor is obligated to pay...more

Holland & Knight LLP

"Monsters Inc." y la reorganización empresarial

Holland & Knight LLP on

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con María Alejandra Mercado, abogada del área corporativa, sobre la película "Monsters Inc." y lo que nos enseña acerca de la reorganización...more

King & Spalding

Second Circuit Refines Fraudulent Transfer Defense Under Bankruptcy Code’s “Safe Harbor” Provision

King & Spalding on

On November 27, 2023, the U.S. Court of Appeals for the Second Circuit revived some of a bankruptcy litigation trustee’s fraudulent transfer claims stemming from the leveraged buyout of apparel retailer Nine West. The lawsuit...more

Nelson Mullins Riley & Scarborough LLP

United States v. Miller Oral Argument: Supreme Court Justices Seem Divided on Issues of Allowing a Trustee to Sue the IRS for...

This author previously wrote an article published in Bloomberg Law regarding the Supreme Court’s decision to take up an appeal of a decision on the Tenth Circuit Court of Appeals in United States v. Miller. In Miller, the...more

Farrell Fritz, P.C.

Blink Holdings Closes Sales of Assets, Buyers Designate Assumed and Reserved Leases/Contracts

Farrell Fritz, P.C. on

Blink Holdings, Inc. and certain of its subsidiaries and affiliates filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code in the District of Delaware in mid-August 2024. The debtors, indirect...more

Jones Day

Boston Generating: Second Circuit Triples Down on Its Holding that Transfers Made Under Securities Contracts Are Safe Harbored in...

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Section 546(e) of the Bankruptcy Code's "safe harbor" provision (which shields transactions from avoidance claims in bankruptcy of certain securities, commodity, or forward-contract payments) has long been a magnet for...more

Ankura

Is Internal Audit Falling Short?

Ankura on

Against the backdrop of the recent “Dear CEO” letter issued by the Financial Conduct Authority (FCA), and the number of regulatory enforcement actions, this article aims to explore the role of Internal Audit (IA) in ensuring...more

Jones Day

Second Circuit: Settlement Allocating Value to Unsecured Creditors Without Paying Disputed Secured Claim Did Not Violate Supreme...

Jones Day on

In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a "structured dismissal" of a chapter...more

Seward & Kissel LLP

Slow Your Roll, Party All the Time, and Taking a Mulligan

Seward & Kissel LLP on

US Trustee Wants To Pump Brakes On Spirit Airlines Ch. 11 | Law360 - The U.S. Trustee has objected to Spirit Airlines' rapid bankruptcy proceedings, arguing that the case is too complex for a rushed timeline. The trustee...more

Stinson LLP

Trump's First 100 Days: Bankruptcy & Creditors' Rights

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During his campaign, President-elect Donald Trump indicated he would make major policy changes with significant impact within the agricultural, international trade, health care, financial and energy sectors. As is common with...more

A&O Shearman

Financial Stability Board Sets out Resolution Work for 2025

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The Financial Stability Board has published its resolution report for 2024. The report takes stock of the FSB resolution-related work of the past year as well as of the progress made by FSB members in implementing resolution...more

Jones Day

New York Bankruptcy Court: "Defensive" Setoff Rights of Creditor that Did Not File Proof of Claim Cannot Be Extinguished Under...

Jones Day on

The ability of a creditor to offset any liability it may have to a debtor against the amount of the debtor's obligation to the creditor is an important right. The Bankruptcy Code expressly preserves that right, provided it...more

Jones Day

Hertz: Third Circuit Weighs in on Make-Whole Premiums and the "Solvent-Debtor Exception" in Chapter 11 Cases

Jones Day on

A handful of recent high-profile court rulings have considered whether a chapter 11 debtor is obligated to pay postpetition, pre-effective date interest ("pendency interest") to unsecured creditors to render their claims...more

Falcon Rappaport & Berkman LLP

Creditor Alert: A Confession of Judgment Is Not Removable to Federal Court Based on a Related Bankruptcy Filing

A recent decision from the Southern District of New York provides insight for creditors seeking to enforce judgments against debtors who subsequently file for bankruptcy. In Honeedew Investing LLC v. Abadi, No. 24 Civ. 6434...more

King & Spalding

Southern District of New York Allows Trustee’s Aiding and Abetting Claim Against Citibank to Proceed

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On November 6, 2023, the U.S. District Court for the Southern District of New York denied in part and granted in part Citibank’s motions to dismiss claims for allegedly aiding and abetting an accountholder’s multi-million...more

Arnall Golden Gregory LLP

Restructuring Roundup - December 2024

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Gray Reed

Federal Court Gives a Primer on Oil and Gas Lease Maintenance

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In re: EP Energy E&P Company, LP considered three lease maintenance provisions in several oil and gas leases. The federal district court ruled that the leases were maintained in force after cessation of production despite...more

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