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What’s in a Name? Court Holds That Despite Its Title, a Security Agreement Also Subordinated Junior Creditor’s Rights to Payment

On October 29, 2021, Judge Laura Taylor Swain, the presiding judge in the Puerto Rico bankruptcy case, ruled that approximately $2 billion in intragovernmental loan claims were subordinated to bonds issued by the Puerto Rico Highway and Transportation Authority (“HTA”) pursuant to an assignment and security agreement.1 The Court’s opinion

Puerto Rico, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
363 Sales as a Health Care M&A Tool, Part 2 - Pros and Cons for Buyers and Sellers

 

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second post, to provide more detail to the process and discuss some pros and cons of 363 Sales.

USA, Insolvency & Restructuring, Litigation, Mintz, Due diligence, Non-disclosure agreement, Title 11 of the US Code
363 Sales as a Health Care M&A Tool, Part 1 - Overview

This two-part blog series discusses why buyers looking to make strategic purchases in the health care industry might want to take advantage of the Bankruptcy Code Section 363 sale process (363 Sale) and the pros and cons of buying assets out of bankruptcy through a 363 Sale.

USA, Healthcare & Life Sciences, Insolvency & Restructuring, Mintz, Due diligence, Coronavirus