Several recent high-profile chapter 11 cases have involved environmental liabilities and highlight how significant these liabilities can be to the restructuring pr
Committees
For some time, there has been confusion over when a civil injunction is dischargeable in bankruptcy. In United States v.
Much has been written about what §503(b)(9) is not: It does not do enough to protect creditors; it gives too much leverage to vendors and not enough to the debtor;
When the Federal Deposit Insurance Corporation (FDIC) determines that a bank is insolvent, the FDIC will sometimes take it over to ensure that the bank’s deposits
As a result of the general prohibition under §1125(b) of the Bankruptcy Code on solicitation of votes to accept or reject a plan prior to court approval of a discl
A major trend in insolvency law over the past 10 years is the increase in assets sales through bankruptcy. Instead of a confirming a reorganization plan under chapter 11, a majority of debtors market and sell substantially all their assets through a §363 sale. A major challenge for potential buyers in this situation is the ability to accurately value the assets to be purchased.
A recent bankruptcy decision confirms that loan servicers for a securitized trust have standing to pursue relief from the automatic stay. In re Woodberry
The recent disruptions in financial markets have caused many of our clients to assess their counterparty exposure to troubled financial institutions. This article
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