News & Analysis as of

Creditors Commercial Bankruptcy Affiliates

Stark & Stark

99 Cents Only Is Not Enough to Avoid Chapter 11 Bankruptcy

Stark & Stark on

​​​​​​​Number Holdings, Inc. the parent company of 99 Cents Only Stores LLC (“99 Cents” or the “Company”), an extreme value retail store operator, along with several affiliates, filed for Chapter 11 bankruptcy protection in...more

Pillsbury Winthrop Shaw Pittman LLP

Nonconsensual Third-Party Release Limits: Substantial Financial Contribution Won’t Buy Non-Debtors a Release From Claims That...

Reorganization plans providing for non-debtor releases (i.e., releasing non-debtors from claims by creditors of the debtor) have been regularly challenged in recent years, frequently by the United States Trustee and other...more

Latham & Watkins LLP

Fifth Circuit: Make-Whole Premiums Should Be Disallowed as Unmatured Interest

Latham & Watkins LLP on

Fifth Circuit finds that make-whole premiums should be considered unmatured interest subject to disallowance under Section 502(b)(2) of the Bankruptcy Code to the extent designed to compensate for future interest payments. ...more

A&O Shearman

Keep Comity and Carry On: US Bankruptcy Court Grants Recognition and Enforcement of a Foreign Debtors’ Settlement Agreement...

A&O Shearman on

Parties involved in cross-border bankruptcy /restructuring situations may be wary of the risk that repeated litigation in different courts with jurisdiction over the same debtor will result in conflicting judgments. The...more

Bennett Jones LLP

Poseidon Plan of Arrangement Resolves Director and Auditor Liability Claims

Bennett Jones LLP on

The Alberta Court of Queen's Bench recently sanctioned the Companies' Creditors Arrangement Act ("CCAA") plan of compromise and arrangement (the "Plan") of Poseidon Concepts Corp. and certain of its affiliates (together,...more

Katten Muchin Rosenman LLP

Sears Canada Files for CCAA Protection: A Distressed Investor's Overview of US Bankruptcy and Canadian Insolvency Law

On June 22, Sears Canada Inc. ("Sears Canada") and certain affiliates1 (collectively, the "Sears Canada Group") sought and obtained insolvency protection under the Companies' Creditors Arrangement Act (CCAA) from the Ontario...more

Cole Schotz

New Delaware Chapter 11 Filing – Affiliates of Variant Holding Company, LLC

Cole Schotz on

Thirty-four affiliates of Variant Holding Company, LLC (“Variant”) have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware. The debtors will seek to have their cases jointly...more

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