High yield bond and leveraged loan issuance for restructurings across the United States and Western and Southern Europe has climbed 65% year-on-year, up from US$29.1 billion for the first nine months of 2019 to US$48 billion over the same period this year.
2020 has seen a significant increase in chapter 11 filings by oil and gas producers. Critical to the operations of these companies, and to the transportation and processing of the producer’s gas, are gathering agreements entered into between the producers and midstream companies. A pivotal question posed at the start of these chapter 11 proceedings is whether the gathering agreements are executory contracts subject to rejection or whether they create real property interests that cannot be rejected in chapter 11 proceedings. The answer depends on who you ask.
The U.S. Bankruptcy Court for the Northern District of Georgia ruled in In re Serendipity Labs, Inc., 620 B.R. 679 (Bankr. N.D. Ga.
On November 25, the U.S. Court of Appeals vacated summary judgment in favor of defendants in an action alleging the defendants violated the FDCPA by attempting to collect a debt that was discharged in a bankruptcy proceeding and no longer owed.
Tony Heaver-Wren and David Bulley, Appleby
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
Timothy W Walsh and Natalie A Rowles, McDermott Will & Emery LLP
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
Nick Angel, Nicole Stephansen and Kate Colman, Milbank LLP
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
Yen Sum and James Hollingshead, Latham & Watkins LLP
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
It may seem counterintuitive for banks and other lenders to provide loans to companies in bankruptcy, but they often do. All companies, especially those in bankruptcy, need liquidity to continue operating. Ensuring the availability of cash is one of the most important considerations in a Chapter 11 reorganization because debtors are often unable to reorganize without adequate cash flow.
Straffi v Aeris Bank (In re Hillesland), No. 1925278( CMG), 2020 Bankr. LEXIS 2235 (Bankr. D.N.J. Aug. 17, 2020).
Case Snapshot The Bankruptcy Court held that a chapter 7 trustee could avoid judgment creditor’s lien pursuant to his “strongarm” powers under section 544(a) of the bankruptcy code because the judgment creditor did not make a good faith effort to locate debtor’s personal property before it levied against real property, as required under applicable New Jersey law.