The safe harbor provision in 11 U.S.C. § 546(e) provides, in relevant part, that a trustee may not avoid a transfer “made by or to (or for the benefit of) a ... financial institution ...
Business Reorganization Committee
Committees
FirstEnergy[1] sells electricity to customers in six states. It commenced a chapter 11 bankruptcy case in May 2018 in which it sought to reject long-term power purchase agreements (PPAs) entered into several years prior to bankruptcy.
The Supreme Court recently clarified that the finality of a bankruptcy court order is determined by evaluating whether the order unreservedly adjudicates a discrete proceeding or is part of a larger process. In Ritzen Group Inc. v.
In an opinion issued in December 2019, the Third Circuit found that the bankruptcy court below had constitutional authority to confirm a plan containing compelled third-party releases because — on the “specific, exceptional facts of [the Millennium Lab] case” — those releases were “integral to the restructuring of the debtor/creditor relationship.”
Bankruptcy professionals have become quite accustomed to the increasingly common phenomenon of a troubled company filing a chapter 11 case and either simultaneousl
Hon. Jack B. Schmetterer of the U.S.
Does a bankruptcy court have the power to enter a final order in a fraudulent-transfer action where the defendant has not filed a proof of claim, or is the bankruptcy court limited to submitting proposed findings of fact and conclusions of law to the district court for de novo review and entry of judgment? On March 11, 2019, in Paragon Litigation Trust v. Nobel Corp., et al.
In a “code-driven” discipline such as bankruptcy, third-party releases are a rare breed. As a form of equitable relief available to certain nondebtors in certain court-decreed circumstances in certain circuits, they are shrouded in a level of uncertainty seldom seen elsewhere. A recent holding from In re FirstEnergy Solutions Corp.
Parties enter into contracts to get the benefit of their bargain. Loan agreements are no different.[1] If a credit facility has a term of five years, the borrower should expect to pay interest for five years.
Fri, 2017-12-01
Hosted by the Business Reorganization and Mediation Committees
Tue, 2016-11-29
The topic of the most recent Commercial Fraud Committee call, discussed the Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), which was amended (and retitled) in 2014 for the first time since its creation in 1984. According to the Uniform Law Commission, the amended Act, which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor’s creditors, addresses a small number of narrowly-defined issues and is not a comprehensive revision of the Act.
Fri, 2016-04-15
Public Securities and the Bankruptcy Plan Process: What Not to Do
Tue, 2015-09-08
The Asset Sales Committee will host John Hutton and Henry Jaffe as they discuss the GM successor liability decision, now on appeal in the Second Circuit, describing the arguments and positions taken by different parties on key issues in the case and discussing the potential impact of the ruling on appeal.
Sat, 2015-04-18
Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Courts Decisions
Tue, 2014-09-23
The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York), G.
Ms. Ronni N. Arnold
Co-Chair
Shearman & Sterling LLP
New York, NY
(212) 848-4669
Co-Chair
Shearman & Sterling LLP
New York, NY
(212) 848-4669
Ms. Jordana L. Renert
Co-Chair
Arent Fox LLP
New York, NY
(212) 457-5476
Co-Chair
Arent Fox LLP
New York, NY
(212) 457-5476
Mr. Jacob Frumkin, Esq.
Communications Manager
Cole Schotz P.C.
Hackensack, NJ
(646) 563-8944
Communications Manager
Cole Schotz P.C.
Hackensack, NJ
(646) 563-8944
Mr. Robert S. Marticello
Education Director
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000
Education Director
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000
Mr. Clayton George Gring, III
Membership Relations Director
AlixPartners LLP
Houston, TX
(214) 697-3367
Membership Relations Director
AlixPartners LLP
Houston, TX
(214) 697-3367
Mr. Patrick R. Mohan
Newsletter Editor
Reorg
Columbia, SC
(646) 390-5739
Newsletter Editor
Reorg
Columbia, SC
(646) 390-5739
Ms. Jamie J. Fell
Special Projects Leader
Simpson Thacher & Bartlett
New York, NY
(212) 455-3822
Special Projects Leader
Simpson Thacher & Bartlett
New York, NY
(212) 455-3822