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Kai Zeng and Kon M Asimacopoulos, Kirkland & Ellis

This is an extract from the first edition of GRR's The Art of the Ad Hoc. The whole publication is available here

The purpose and role of ad hoc committees from a debtor’s perspective: the initial phase

Yushan Ng and Helen Ward, Cadwalader Wickersham & Taft

This is an extract from the first edition of GRR's The Art of the Ad Hoc. The whole publication is available here

Chris Howard, Sullivan & Cromwell

This is an extract from the first edition of GRR's The Art of the Ad Hoc. The whole publication is available here

The relationship of an ad hoc committee with its stakeholder constituency

No power to bind: the importance of the underlying finance documents in relation to decision making

Nick Angel, Peter Newman and Edward Rasp, Milbank LLP

This is an extract from the first edition of GRR's The Art of the Ad Hoc. The whole publication is available here

Role and powers

Yen Sum and Lucy Cox, Sidley Austin

This is an extract from the first edition of GRR's The Art of the Ad Hoc. The whole publication is available here

How many committees?

In a capital structure involving multiple external debt tranches, one of the first questions that arises is the number of committees that will be required.

Sixth Circuit Determines that an Absolute Assignment of Rents Perfected Under Michigan State Law Takes Property out of a Bankruptcy Estate (In Re Town Center Flats, LLC, Case No. 16-1812 — Decided May 2, 2017)

On March 30, the Third Circuit Court of Appeals filed an opinion regarding whether the filing of a mechanic’s lien after the commencement of a bankruptcy case violates the automatic stay. Given the frequent involvement of many companies in Delaware bankruptcy cases, you should be aware of the Third Circuit’s ruling.

Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”) creditors – workers who had sued the company – monies owed pursuant to a judgment, even though the bulk of the WARN monies owed were for back wages that hold priority over other unsecured claims under the Bankruptcy Code.

Trust Indenture Act Section 316(b) Limited to Actual Amendments to An Indenture’s Core Terms

The Perishable Agricultural Commodities Act (PACA) was passed by Congress in 1930 to protect agricultural produce suppliers from unscrupulous vendors who refused to pay the suppliers for their goods.