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Flaster Greenberg PC

Why Purchasing Commercial Assets in a Bankruptcy Sale May Be a Good Business Strategy

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Businesses generally file for bankruptcy because of financial challenges or operational issues. But, while their distressed business dissolves, there could be an opportunity for another business to acquire it through a...more

Locke Lord LLP

All for One? Debt Co-Investors Need ‎Not Behave as Musketeers

Locke Lord LLP on

On July 6, 2022, the US Bankruptcy Court for the District of Delaware delivered an opinion recognizing the effectiveness of an “uptiering” transaction—whereby a subset of an issuer’s existing noteholders are issued new notes...more

Patterson Belknap Webb & Tyler LLP

Close Enough: Fifth Circuit Holds That Section 510(B) of the Bankruptcy Code Requires Subordination of Payments That “Look a Lot...

In 1930, Clarence Bennett’s wealthy uncle died. He left behind shares in Berry Holding Company ("BHC") that were subdivided into three groups. Bennett was the beneficiary of dividends paid out of one of these groups and, for...more

Patterson Belknap Webb & Tyler LLP

Chapter 15: Court Permits Foreign Debtors to Access and Receive Funds in U.S. Account

A court in New York has allowed offshore debtors to take control of an investment account in the U.S. over the objection of a shareholder. At stake was the court’s discretion to permit chapter 15 debtors to access the funds...more

Burr & Forman

Interest Rates are Rising in South Carolina Courts

Burr & Forman on

Current economic signs give consumers, investors and economists alike reason for optimism. Unemployment is at historically low levels which means employers are having to offer higher wages to attract and keep talent. Although...more

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