Buchanan Ingersoll & Rooney PC
The decision promises to have sweeping ramifications going forward and further increases the possibility that Madoff's victims could recover 100% of their losses through the Trustee's efforts.
Sheehan Phinney Bass & Green
On Feb. 19, 2020, the Small Business Reorganization Act was enacted. The SBRA amended the Bankruptcy Code to add Subchapter V, a new streamlined Chapter 11 process for small businesses and individuals.
Seyfarth Shaw LLP
Health Care Beat is brought to you by Seyfarth's cross-disciplinary health care team. Each Beat will focus on key industry and legal trends, while identifying practical takeaways for organizations across the health care industry.
Reinhart Boerner Van Deuren s.c.
A well-drafted personal guaranty of payment and performance provides peace of mind for the diligent lender. It is not only irrevocable, but also covers future extensions of credit and includes broad waivers...
Law360 reported that the U.S. Trustee's Office filed a motion opposing a "death trap" provision contained in Avianca Holdings' Chapter 11 plan of reorganization.
Herrick, Feinstein LLP
There is no question discharging student debt in bankruptcy is a hot political topic worthy of ABA attention.
Alston & Bird
A recent decision by the Supreme Court of New York suggests that current lender-on-lender violence through majority uptiering and covenant-stripping may not be without a remedy.
Thompson Coburn LLP
Congress originally conceived the new Subchapter V to "streamline the bankruptcy process by which small business debtors reorganize and rehabilitate their financial affairs."
Ward and Smith, P.A.
It comes to us from a July 2021 North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court. The story offers a lesson and a moral.
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery of Delaware holding that section 3104(d)(4) of the Delaware
Ostrow Reisin Berk & Abrams
Despite daunting challenges, midsize law firms flexed their creativity and agility to prove themselves surprisingly resilient in 2020.
Cadwalader, Wickersham & Taft LLP
Substantive consolidation of an SPE with one or more of its affiliates defeats the isolation of the SPE's assets, pulling them into a common distribution pool.
Proskauer Rose LLP
The primary investment thesis of a private credit lender is simple — get the loan repaid at maturity. Private credit lenders do not make loans as a means to acquire their borrower's business.
Sheppard Mullin Richter & Hampton
The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020.
Herrick, Feinstein LLP
Den 16. november 2018 leverte Norske Skogindustrier ASA og dets datterselskaper (Norske Skog) en oppbudsbegjæring i USA som fremdeles er i sin spede begynnelse.
The Wall Street Journal reports on Purdue Pharma's continuing confirmation hearing covering the company's proposed reorganization plan centered around a $4.5 billion settlement with its founders...
In its August 5th, 2021 VeroBlue Farms decision, the Eighth Circuit lent its voice to a growing body of criticism of the equitable mootness doctrine contending that its use to bar challenges to ...
On July 15, 2021, a three-judge panel of the U.S. Court of Appeals for the Second Circuit held in Homaidan v. Sallie Mae, Inc., et al. that the private student loans at issue were not subject...
Morrison & Foerster LLP
Howard Morris, Amrit Khosa, and Jai Mudhar discuss the Part 26A restructuring plan and the legal developments that have unfolded since its introduction.
Lucy F. Kweskin and Tyler Ferguson of Mayer Brown examine bankruptcy trends from the first half of 2021 and discuss what to expect the rest of the year and beyond.