“Too Many Hats”: The Peculiar Problems and Challenges that Arise When an Equity Sponsor/ Secured Lender Is a DIP Lender/Stalking-Horse Buyer in a Chapter 11 Case
Two Circuits Agree: Coal Act Doesn’t Bar Terminating Retiree Benefits via Section 1114
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
Court:
Sixth Circuit Broadly Interprets Section 959(b) to Cover State Pension Plans
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
Court:
Judicial Merry-Go-Round
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A Committee of None: Section 1114 Relief When No Retirees Will Serve
Journal Issue:
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Valuation of Intangible Assets and Non-Debt Liabilities
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