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The Twilight, or Rebirth, of Liability Management? Serta and Mitel Decisions Reach Opposite Conclusions on the Permissibility of Uptier Exchange Transactions

Introduction & Key Takeaways

The year 2024 ended with some major legal fireworks, as two important courts issued contrasting New Year’s Eve decisions on the validity of “uptier” liability management transactions that have played a large role in corporate debt restructurings for the past several years.

USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
Jevic Keeps on Gifting: Third Circuit Reaffirms Solvent Debtor Exception by Holding Unsecured Creditors of Solvent Debtor Entitled to Post-Petition Interest at the Contract Rate

On September 10, 2024, the U.S.

USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
Court of Appeal summaries (April 15 - April 19)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.

Canada, Ontario, Company & Commercial, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Personal Injury, Professional Negligence, Blaney McMurtry LLP, Abbott Laboratories, European Securities and Markets Authority, Supreme Court of Canada, Court of Appeal for Ontario
Court of Appeal summaries (January 15 - January 19)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
Court of Appeal summaries (December 18-22)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
Chester, PA Chapter 9 Court Confirms Certain Municipal Financing Techniques, Raises Concerns About Others

On November 3, 2023, the Court in the Chapter 9 bankruptcy case of the City of Chester, Pennsylvania issued its ruling in an adversary proceeding challenging the perfection of the liens securing certain revenue bonds issued by the City.1 Confirming the municipal bond market’s longstanding understanding, the Court concluded that the liens on revenues were prope

USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Gaming, Uniform Commercial Code (USA)
Court of Appeal summaries (September 4 - September 8)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.

In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.

Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.

Canada, USA, Ontario, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy, Court of Appeal for Ontario
Court of Appeal summaries (August 28 - September 1)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.

I hope everyone is enjoying the last long weekend of the summer.

Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.

Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Public, Real Estate, Blaney McMurtry LLP, Confidential information, Court of Appeal for Ontario
Court of Appeal summaries (July 17 - July 21, 2023)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.

Canada, USA, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Due diligence, Court of Appeal for Ontario, British Columbia Supreme Court
Court of Appeal summaries (may 22, 2023 - may 26, 2023)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.

Canada, Ontario, Banking, Capital Markets, Company & Commercial, Employment & Labor, Human Rights, Insolvency & Restructuring, Litigation, Public, Blaney McMurtry LLP, Mediation, Litigation funding, Anti-bribery and corruption, Corruption of Foreign Public Officials Act 1998 (Canada), Court of Appeal for Ontario