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    Reorganize Now or Liquidate Later?
    2017-02-03

    Why are so many chapter 11 retailers squeezed into liquidation?

    Filed under:
    USA, Insolvency & Restructuring, FTI Consulting Inc, Bankruptcy, Liquidation
    Authors:
    Amir Agam , Christa Hart
    Location:
    USA
    Firm:
    FTI Consulting Inc
    So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All
    2017-02-03

    In chapter 11 bankruptcy cases, it is not uncommon for secured parties/lenders to provide a “carve-out” for various professional fees. Frequently there may be a “carve-out” for “all chapter 11 professionals” or the “carve-out” may be broken out in different amounts for the debtor’s professionals as opposed to, for example, Creditors’ Committee professionals. These “carve-outs” can often be in a Cash Collateral Order (assuming the debtor is using the secured party’s collateral) or in a DIP Order (debtor-in-possession financing). So what does a carve-out mean?

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Murtha Cullina LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Robert E. Kaelin
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    S.D.N.Y. bankruptcy court dismisses preference action involving international transfer
    2017-02-07

    In the recent decision ofSpizz v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.), 2017 WL 75750 (Bankr. S.D.N.Y. Jan.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Oil and Gas Industry Seeks Steady Ground Following Year of Restructurings, Restrictive Lending
    2017-01-28

    Crude oil and natural gas prices reached multiyear lows of approximately $26 per barrel for crude oil (as of January 2016) and $1.50 per million British thermal units (mmbtu) for natural gas (as of March 2016). This represented a 75 percent decline in the price of oil from its peak of approximately $105 per barrel in mid-2014 and an 80 percent decline in the price of natural gas from its early 2014 peak of over $8 per mmbtu. At the time, many industry observers predicted that depressed commodity prices would result in numerous bankruptcy filings and an uptick in M&A activity.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Bankruptcy, Natural gas, Fossil fuel
    Authors:
    George N. Panagakis , Mark S. Chehi , Ron E. Meisler , Carl T. Tullson
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Delaware Bankruptcy Judge: A Carve-Out for Fees Is Not a Cap
    2017-01-31

    Judge Christopher Sontchi recently issued an important opinion in the Molycorp chapter 11 case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy Court Sends Not-So-Gentle Reminder About Observing Corporate Formalities
    2017-01-31

    In a recent decision, the United States Bankruptcy Court for the Eastern District of Massachusetts sent a reminder to practitioners and family business owners that it is critical to maintain corporate formalities in order to avoid unintended liabilities. In the case of In re Cameron Construction & Roofing Co., Adv. P. No. 15-1121, 2016 WL 7241337 (Bankr. D. Mass. December 14, 2016), the Bankruptcy Court applied the concept of substantive consolidation and made the assets of a non-bankrupt related entity available to creditors in the bankruptcy proceeding.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Murtha Cullina LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Mark J. Tarallo
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    Are you looking for redemption in bankruptcy?
    2017-01-31

    What is “redemption” in bankruptcy?

    Filed under:
    USA, Florida, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Personal property
    Authors:
    Heather L. Ries
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Second Circuit Issues Reversal in Closely Watched Marblegate Case
    2017-01-24

    In a 2-1 opinion, the Second Circuit overruled the district court in Marblegate Asset Management LLC v. Education Management Corp., finding no violation of the Trust Indenture Act (“TIA”) in connection with an out-of-court debt restructuring.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Bond (finance), Bankruptcy, Unsecured debt, Injunction, Statutory interpretation, Interest, Debt, Maturity (finance), Dissenting opinion, Debt restructuring, US Congress, Constitutional amendment, Second Circuit
    Authors:
    Dennis H. Hranitzky , Gary J Mennitt , Adam Silver , Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Secured Lenders Beware: Delaware Bankruptcy Court Holds Fee Cap
    2017-01-17

    The influential Delaware bankruptcy court issued a recent decision that all secured lenders need to be aware of. In this decision, the bankruptcy court held that the fees of the official creditors’ committee were not limited by the dollar-amount cap in the financing order because the debtors confirmed their chapter 11 plan. The creditors’ committee argued that it was entitled to over $8 million in fees while the secured lender asserted that the committee’s fees were capped at $250,000 due to what the bankruptcy court referred to as a “standard carve-out provision” in the financing order.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Miller Canfield PLC, Bankruptcy, United States bankruptcy court
    Authors:
    Marc N. Swanson , Jonathan S. Green
    Location:
    USA
    Firm:
    Miller Canfield PLC
    AToptech, Inc. files for chapter 11 protection in Delaware
    2017-01-17

    ATopTech, Inc. (“ATopTech” or “Debtor”), an electronic design automation software company manufacturing software solutions for engineers to assist them in the physical design of integrated circuits, filed a voluntary petition for chapter 11 bankruptcy relief on January 13, 2017 in the United States Bankruptcy Court for the District of Delaware.

    In addition, ATopTech filed a motion to sell its businesses under section 363 of the Bankruptcy Code and has selected a stalking horse bidder. The Debtor expects that the sale will be completed by March 31, 2017.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, US District Court for District of Delaware
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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