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Opinion of Interest - In re Serendipity Labs, Inc.

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.

USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, US District Court for Northern District of Georgia
Opinion of Interest - Henry Hobbs Jr. v. Buffets LLC

In Henry Hobbs Jr. v. Buffets LLC the United States Court of Appeals for the Fifth Circuit upheld the constitutionality of a recent increase in United States Trustees fees that are charged to Chapter 11 debtors.

USA, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
Marblegate Under Attack! Or Not? Out-of-Court Bond Restructurings in Light of NY Court of Appeals Decision in CNH Diversified

In its October 22, 2020, CNH Diversified Opportunities Master Account, L.P. v.

USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
Regulator or Creditor: When is Enforcement of Consumer Protection Laws Exempt from the Automatic Stay, and Who Makes That Determination?

Can state regulatory agencies move ahead with lawsuits against businesses who file for bankruptcy in order to enforce consumer protection and business laws, or does the automatic stay’s broad injunctive sweep capture those actions? The answer depends on whether the state is acting in its regulatory capacity or simply like another creditor – and the distinction is not always clear.

USA, Delaware, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Ninth Circuit, United States bankruptcy court
Just “Released” by the Third Circuit: In re Millennium Lab Holdings II Key Takeaways

In a highly anticipated decision issued last Thursday (on December 19, 2019), the United States Court of Appeals for the Third Circuit held in In re Millennium Lab Holdings II, LLC that a bankruptcy court may constitutionally confirm a chapter 11 plan of reorganization that contains nonconsensual third-party releases. The court considered whether, pursuant to the United States Supreme Court’s decision in Stern v. Marshall, 564 U.S. 462 (2011), Article III of the United States Constitution prohibits a bankruptcy court from granting such releases.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court