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    What’s next? The top issues of 2013 and beyond
    2012-09-26

    How has the bankruptcy and restructuring landscape changed in the wake of the global financial crisis?

    Filed under:
    European Union, USA, Insolvency & Restructuring, Arnold & Porter, Bankruptcy, Fiduciary, Title 11 of the US Code
    Authors:
    D. Tyler Nurnberg
    Location:
    European Union, USA
    Firm:
    Arnold & Porter
    Frankfurt Court determines lawyers’ fees related to failed restructuring are not claimable
    2015-06-22

    Germany’s Frankfurt District Court recently dealt with the question of whether a debtor’s lawyers’ fees arising from restructuring advice prior to insolvency could be challenged and claimed back in insolvency. The court held in the first instance (07.05.2015, Az. 2-32 O 102/13) that the lawyers of an insolvent German company in the solar industry had to repay €4.5 million after the out-of-court restructuring failed.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Arnold & Porter
    Authors:
    Dr. David von Saucken, M. Jur
    Location:
    Germany
    Firm:
    Arnold & Porter
    German equitable subordination law – a case of piercing the corporate veil?
    2013-04-23

    In its decision published on March 13, 2013 (dated February 21, 2013 – IX ZR 32/12), the German Federal Court of Justice (BGH or Bundesgerichtshof) made it clear that it will uphold its prevailing case law regarding two questions at hand even though the relevant legal provisions relating to equitable subordination have been moved from the corporate law regime to the insolvency law regime with the 2008 Act to Modernize the Law on Private Limited Companies and Combat Abuses (MoMiG or Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Mißbräuchen).

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Arnold & Porter
    Authors:
    Sandra Pfister , Reinhard Bunjes
    Location:
    Germany
    Firm:
    Arnold & Porter
    Bankruptcy 101 for Investors: Salvaging Your Investments from the Ruins of a Portfolio Company Bankruptcy
    2016-05-25

    That intriguing little tech company in which you invested has just filed bankruptcy. Will you ever be able to recover any of that investment? Maybe. It depends upon the form of your investment. And because recoveries depend upon the form of the investment, you may want to consider how you document your investments in the future.

    Filed under:
    USA, Insolvency & Restructuring, Arnold & Porter, Bankruptcy, Collateral (finance), Interest, Debt, Secured creditor
    Authors:
    Lisa Hill Fenning
    Location:
    USA
    Firm:
    Arnold & Porter
    Viewpoint: U.K. Supreme Court deals blow to 'universalist' approach
    2012-12-18

    The U.K. Supreme Court has handed down its judgment in the joined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in liquidation) and another v A E Grant and others [2012] UKSC 46. (24 October 2012)

    Key points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Arnold & Porter, Conflict of laws
    Authors:
    Paul Atherton
    Location:
    United Kingdom
    Firm:
    Arnold & Porter
    Delaware Court of Chancery addresses derivative standing, solvency issues, and the law governing breach of fiduciary duty claims
    2015-05-26

    The Delaware Court of Chancery recently issued an opinion in Quadrant Structured Products Company1that addresses creditors’ rights to bring derivative lawsuits against directors and officers of a corporation.  The Court held that Delaware law does not impose a continuous insolvency requirement and that the “traditional balance sheet test” is the appropriate test for determining solvency.  The opinion also provides a roadmap on the current landscape under Delaware law for analyzing breach of fiduciary duty claims. 

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Arnold & Porter, Breach of contract, Fiduciary, Standing (law), Business judgement rule, Delaware Supreme Court
    Authors:
    Rosa J. Evergreen , Michael L. Bernstein , Andrew Varner , David B. Bergman , Charles A. Malloy
    Location:
    USA
    Firm:
    Arnold & Porter
    Determining cramdown interest rates: developments & recommendations
    2015-05-20

    Originally published in ABF Journal on May 20, 2015

    Determining secured lender cramdown interest rates in Chapter 11 cases has been widely debated, and recent court rulings have proven to be inconclusive. Kaye Scholer Attorneys Madlyn Gleich Primoff and Holly Martin discuss the controversial issue, highlighting the ABI Commission’s recent recommendations that endorse a more favorable approach for secured lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Arnold & Porter, Secured loan
    Authors:
    Madlyn Gleich Primoff , Holly Martin
    Location:
    USA
    Firm:
    Arnold & Porter
    17th annual New York City bankruptcy conference: “governed by New York law? Considering the impact of New York State law in bankruptcy matters”
    2015-04-28

    Why Lawyers Need to Pay More Attention to the Distinctions Between Veil-Piercing and Alter-Ego Theories

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Arnold & Porter, Bankruptcy
    Location:
    USA
    Firm:
    Arnold & Porter
    Recent case law impacting debt transactions
    2015-04-08

    Two recent decisions of the US District Court for the Southern District of New York may complicate future debt exchange offers. The cases address the validity, under the Trust Indenture Act of 1939, as amended (the Act), of indenture amendments that delete substantive covenant protections in the context of out-of-court debt restructurings. Such amendments are a common feature of debt exchange and cash tender offers and are often essential to achieve a restructuring outside of bankruptcy court.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Arnold & Porter, Debt
    Authors:
    Christopher J. Konieczny , Christopher P. Peterson
    Location:
    USA
    Firm:
    Arnold & Porter
    The price of oil & the potential for master limited partnership restructuring and insolvencies
    2015-04-02

    With the near-historic drop in oil prices, distressed investors are evaluating a myriad of investment opportunities in the oil industry and related fields. One particular area of focus when analyzing these energy-related opportunities are the master limited partnerships that many energy companies utilize in their corporate structure.

    Drop in Oil Prices

    Filed under:
    USA, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Tax, Arnold & Porter, Limited partnership
    Location:
    USA
    Firm:
    Arnold & Porter

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