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Post date: Tuesday, July 23, 2019

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.

Post date: Tuesday, July 23, 2019

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.

Post date: Saturday, July 20, 2019

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.

Post date: Saturday, July 20, 2019

On Feb. 25, 2019, the U.S. Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity principles from recovering property from a foreign subsequent transferee that received the property from a foreign initial transferee.

Post date: Wednesday, January 23, 2019

          As transactional business attorneys, we strive to craft documents that are bullet-proof, covering every what-if scenario should a deal fall apart. We hope that the agreements we draft will result in a fair and just consequence for all parties to the bargain.

Post date: Wednesday, January 23, 2019

           In the multi-billion-dollar claims-trading market, your offer and acceptance might not be what you thought it was.

Post date: Wednesday, January 23, 2019

          Imagine that Hal Steinbrenner agreed to purchase the Boston Red Sox from John Henry, Tom Werner and Larry Lucchino. All three signed non-compete agreements promising to buy no interest in an MLB team for the next five years. Steinbrenner made a $1 billion down payment, and MLB Commissioner Rob Manfred signed off on everything.

Post date: Wednesday, January 23, 2019

                 Third-party releases can be an integral part of a chapter 11 bankruptcy case. These releases can have the effect of a nonconsensual resolution of state law claims, and a question exists as to how they are implicated in a Stern v. Marshall analysis.


Lindsay Zahradka Milne
Post date: Monday, July 23, 2018

A seller of goods who enjoys a casual relationship with a buyer — without adhering to strict documentation and enforcement standards — can find itself in dire straits in the event of that buyer’s insolvency.


David L. Curry, Jr.
Post date: Monday, July 23, 2018

In Franchise Servs. of N. Am. v. U.S. Trs. (In re Franchise Servs. of N. Am.),[1] the Fifth Circuit Court of Appeals, on direct appeal from the U.S.

Pages

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.

Mr. Dan B. Besikof
Co-Chair
Loeb & Loeb LLP
New York, NY
(212) 407-4129

Mr. Shane G. Ramsey
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Nashville, TN
(615) 664-5315

Mr. Charles W. Azano
Communications Manager
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
Boston, MA
(617) 348-1843

Ms. Ronni N. Arnold
Education Director
Shearman & Sterling LLP
New York, NY
(212) 848-4669

Ms. Jordana L. Renert
Education Director
Arent Fox LLP
New York, NY
(212) 457-5476

Mr. Clayton George Gring, III
Membership Relations Director
AlixPartners LLP
Houston, TX
(214) 697-3367

Mr. Patrick R. Mohan
Newsletter Editor
Reorg
Columbia, SC


Mr. Robert S. Marticello
Special Projects Leader
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
(714) 445-1000

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