El regreso de los mecanismos de emergencia para empresas en insolvencia
Coan vs Killilea, the Dunne Cross-Border Insolvency Case Explained
Findings from Gibbins’ Annual Healthcare Bankruptcy Report
La caída de las normas especiales de insolvencia
Hipótesis de Negocio en Marcha
Law Firm ILN-telligence Podcast | Episode 80: Peter Fousert, PlasBossinade | The Netherlands
What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default
Commercial Recovery
The Obligations and Responsibilities of Creditors’ Committees in Crypto Bankruptcies
Cannabis and Bankruptcy Laws
Whose Crypto Is It Anyway? Bankruptcy and Crypto - The Crypto Exchange Podcast
Part 2: Additional Implications for Cryptocurrency Companies in Bankruptcy
What Happens When a Cryptocurrency Platform Goes Bankrupt?
Legally Qualified: A Look at Recent Trends that May Affect Bankruptcies and Restructuring in the Year Ahead
The Critical Nature of Bankruptcy Dates and Deadlines
2022 Bankruptcy & Restructuring Outlook
Consensual Third-Party Releases
Kasey Ingram and Rocco Debitetto on Bankruptcy and Compliance
Breaking Down the Latest Decision in the Purdue Pharma Case
The Legal Landscape of Make Whole Payments
Parties often include bankruptcy and insolvency provisions in their agreements to protect themselves should the contract counterparty file for bankruptcy or take other insolvency-related steps. While many of these provisions...more
Ever since Congress amended the Bankruptcy Code in 1984 to remedy the U.S. Supreme Court's 1982 ruling declaring the jurisdictional groundwork of title 11 unconstitutional, there have been lingering questions regarding the...more
An assignment for the benefit of creditors (ABC) is a process by which a financially distressed company (referred to as the assignor) transfers its assets to a third-party fiduciary (referred to as the assignee). The assignee...more
Bankruptcy filings affect businesses across America. The Bankruptcy Code is complex and difficult to navigate. But used properly, it can helpcreditors to minimize losses when a customer files bankruptcy. ...more
On 31 October 2023, Federal Law Decree No. (51) concerning Financial Restructuring and Bankruptcy (the New Law) was published in the UAE Federal Gazette. The New Law comes into force on 1 May 2024 and will repeal the 2016 Law...more
Bankruptcy Proceedings in the United States - General Overview of the Primary Protection Granted to a Debtor Under the United States Bankruptcy Code - The United States Bankruptcy Code, through its various chapters,...more
1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Bankruptcy court properly enjoins actions against nondebtor entity after divisional merger. The debtor was the product of a divisional merger under Texas law, which...more
General Overview of the Primary Protection Granted to a Debtor Under the United States Bankruptcy Code - The United States Bankruptcy Code, through its various chapters, governs bankruptcy and reorganization for...more
This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. The message from the case to would-be claimants in other cases is simple: do not “overreach.” In...more
1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major...more
1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major multinational...more
A recent decision from the U.S. Bankruptcy Court for the Northern District of Texas illustrates that aggressive lender action can lead to “lender liability” in a loan workout. Bailey Tool & Mfg. Co., et al. v. Republic Bus....more
The filing of a bankruptcy petition under any chapter of the Bankruptcy Code creates the ‘automatic stay,’ which prevents creditors from taking any further action against either the debtor or the debtor’s assets during the...more
One year ago, we wrote that, unlike in 2019, when the large business bankruptcy landscape was generally shaped by economic, market, and leverage factors, the COVID-19 pandemic dominated the narrative in 2020....more
This blog entry will be the first in a new, ongoing series of entries in the “Bankruptcy Protector” that will attempt to familiarize new attorneys and non-bankruptcy practitioners with the basic concepts of bankruptcy law of...more
David Conaway, Partner and Finance, Banking, Creditors’ Rights and Insolvency Regional Service Line Leader, reports on the world-wide reach of the US Chapter 11 'Automatic Stay." Originally published in Eurofenix, Winter...more
The automatic stay is a procedural tool in a bankruptcy case that effectively halts efforts by creditors to collect on a debtor’s outstanding obligations. As discussed in more detail in our prior post, immediately upon the...more
For creditors dealing with debtors in the shadow of bankruptcy, a common scenario repeats itself. The creditor repossesses collateral, attaches an account, or sets off a bank account, and then the debtor files a...more
Although the automatic stay contained in section 362 of the Bankruptcy Code theoretically extends worldwide, enforcing it against international creditors, particularly sovereigns, can present practical problems in its...more
Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities. Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending...more
11 U.S.C. 362(d)(1) empowers the Bankruptcy Court to grant relief from the automatic stay on the request of a party-in-interest “for cause, including lack of adequate protection of an interest in property of such party in...more
There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy. If the creditor is involved in prepetition litigation with the debtor, it could request relief from...more
US Bankruptcy Judge Mary F. Walrath of the District of Delaware entered an order on April 21 in In re Nine Point Energy Holdings, Inc., Case No. 21-10570 (MFW) (Bankr. D. Del. Apr. 21, 2021), finding that Caliber Measurement...more
During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...more