On Nov. 13, 2015, in the U.S. Bankruptcy Court for the Southern District of New York, Judge Glenn issued a memorandum opinion in In re Vivaro Corp., et al. with the following rulings: (1) a claim objection against a foreign entity may be served by U.S.
It is generally recognized that a sale of assets free and clear of successor liability claims (a “free-and-clear sale”) enhances the value of the bankruptcy estate because the purchaser will pay a higher premium for assets that do not carry liability. There is often a tension between creditors — who seek to maximize their recovery —
My Nebraska client has a problem, and he’s unhappy. He’s an $80,000 preference defendant in Delaware and must travel 1,200 miles (with his attorney) for a mandatory mediation of the disputed preference claim. Although he thinks that the claim is “bogus” (despite explanations to the contrary), he has a what-choice-do-I-have-but-to-capitulate perception of all this.
The short answer is, “Maybe?”
Business and banking attorneys frequently represent businesses or lenders (or even bondholders and trustees) involved in joint ventures, partnerships, acquisitions, initiatives, participation loans, or other financial or joint business relationships/ventures.
2015 was a busy year for the Business Reorganization Committee. We have an active and involved membership base, and took part in multiple panels, newsletters, publications and networking. We have terrific plans for 2016 and beyond in support of you, our members, in the arena of business reorganizations.
It is no secret that the coal industry is struggling. As coal producers face mounting challenges attributable to restrictive environmental regulations, reduced demand for coal, lower spot prices and significant legacy costs, they are compelled to explore cost-cutting measures and restructuring options.
The Business Reorganization Committee has conducted its first formal survey of the members, and the results are in. To no one’s surprise--but to our gratification--the survey confirms that the members of the Committee consist of a geographically diverse group of restructuring-focused professionals from a cross-section of firms as well as academics and bankruptcy judges. The results have been
The holiday season is fast approaching and it would not surprise me if many of you reading this article receive a gift card at some point during the next couple of months. As you look at that gift card, however, you may find your heart sinking as you recall the numerous retail stores that recently filed for bankruptcy.
One of the themes of the Final Report and Recommendations released by the ABI’s Commission to Study the Reform of Chapter 11 is the shift in the balance of power between a distressed company and its creditors, as well as the introduction of perceived inequities among creditor constituencies.
For years, the law regarding the impact of a bankruptcy petition on the rights of a property tax purchaser in Illinois was unclear.
Smiley Wang-Ekvall, LLP
Costa Mesa, CA
Lowenstein Sandler LLP
New York, NY
Cole Schotz P.C.
Simpson Thacher & Bartlett
New York, NY
Cole Schotz P.C.
Special Projects Leader
Perkins Coie LLP