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Debtor Is a Financial Institution for Purposes of Settlement Payment Safe Harbor, Rules Southern District of New York

On April 23, 2019, the United States District Court for the Southern District of New York, in fraudulent transfer litigation arising out of the 2007 leveraged buyout of the Tribune Company,1 ruled on one of the significant issues left unresolved by the US Supreme Court in its Merit Management decision last year.

USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Supreme Court of the United States, US District Court for the Southern District of New York
Intercreditor Agreements After Momentive: When a Hindrance Is Not a "Hindrance"

Intercreditor agreements--contracts that lay out the respective rights, obligations and priorities of different classes of creditors--play an increasingly important role in corporate finance in light of the continued prevalence of complex capital structures involving various levels of debt. When a company encounters financial difficulties, intercreditor agreements become all the more important, as competing classes of creditors seek to maximize their share of the company's limited assets.

USA, New York, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Secured creditor, Unsecured creditor, Uniform Commercial Code (USA), Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
Second Circuit Green-Lights Out of Court Restructurings of Bonds, Holding That TIA Only Prohibits Amendments to Core Payment Terms

On January 17, 2017, in a long-awaited decision in Marblegate Asset Management, LLC v. Education Management Finance Corp.,1 the US Court of Appeals for the Second Circuit held that Section 316 of the Trust Indenture Act ("TIA") does not prohibit an out of court restructuring of corporate bonds so long as an indenture's core payment terms are left intact.

USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Bond (finance), Second Circuit, United States bankruptcy court
Opportunities created by The Sbarro's bankruptcy filing

On Monday, March 10, 2014, the companies that own and operate the Sbarro pizza chain, Sbarro LLC and 33 affiliates, filed for bankruptcy reorganization under Chapter 11 of the federal Bankruptcy Code.  The Sbarro companies operate 217 restaurants in the U.S. and there are 582 franchised restaurants, 176 in the U.S. and 406 at international locations.

USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Wiley Rein LLP
Detroit, Michigan, eligible to file Chapter 9 bankruptcy

On December 5, 2013, Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan held that the city of Detroit had satisfied the five expressly delineated eligibility requirements for filing under Chapter 9 of the US Bankruptcy Code1 and so could proceed with its bankruptcy case.

USA, Michigan, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Sixth Circuit, US District Court for Eastern District of Michigan
Considerations in terminating an insolvent franchisee

During the current economic downturn, a number of financially distressed franchisees either have filed or may file for bankruptcy protection to restructure their financial obligations. As a result, franchisors should familiarize themselves with some bankruptcy basics before they are confronted with the situation.

What Happens If One of Our Franchisees Declares Bankruptcy?

USA, Franchising, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Breach of contract, Franchise agreement, Default (finance)